HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4314/2021 Ravidas S/o Sharandas, Aged About 31 Years, By Caste Valmiki, R/o Ratanada, Near Naval Ashram, Bhati Circle, Jodhpur, Rajasthan.
----Petitioner Versus State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Anil Limba
For Respondent(s) : Mr. Farzand Ali, AAG-cum-GA
Mr. Gaurav Singh, PP
Mr. Sikander Khan for complainant
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
07/04/2021
Heard learned counsel for the parties and perused the case diary.
This anticipatory bail application has been filed by the petitioner apprehending his arrest in connection with FIR No.67/2021, registered at Police Station Boranada, District Jodhpur for offences under Sections 376 & 384 of the IPC.
Learned counsel Shri Limba points that the above-mentioned FIR is the third FIR of rape lodged by the complainant Smt.'G' against the petitioner. He urges that manifestly, the complainant is misusing criminal law as a tool for extorting money from the petitioner. He points out that the petitioner is facing trial in connection with FIR No.18/2018 PS Ratanada lodged by the complainant Smt. 'G' for the offence under Section 376 IPC. (Downloaded on 08/04/2021 at 08:49:26 PM)
(2 of 3) [CRLMB-4314/2021] Thereafter, she lodged yet another FIR No.279 dated 04.11.2020 against the petitioner for the same offence at the Police Station Devnagar, District Jodhpur City West wherein the investigating officer submitted a negative final report. The complainant was given notice of the FR upon which she appeared in the magistrate's court on 04.01.2021 and gave in writing that she was not desirous of any action in connection with the said FIR (No.279/2020). Two months later, i.e., 05.03.2021, she has lodged the present FIR (No.67/2021) alleging that the petitioner called her to the D.K. Excellency Hotel, D.P.S. Circle on 01.01.2021 where he showed some indecent photographs of her, saved on his mobile and subjected her to forcible sexual intercourse and also snatched her ornaments etc. Learned counsel Shri Limba urges that ex-facie, the tenor of the allegations as set out in the FIR is patently false and fabricated. As per him, if there was even an iota of truth in the allegations of the prosecutrix that she had been subjected to rape on 01.01.2021, then she would not have got the FR, referred to supra, accepted in the court on 04.01.2021. He thus, craves indulgence of pre-arrest to the petitioner in this case.
Per contra, learned Public Prosecutor and learned counsel representing the complainant vehemently and fervently opposed the submissions advanced by the petitioner's counsel. However, it is a matter of record that the present one is the third FIR of rape lodged by the complainant against the petitioner. The police gave a negative final report in connection with FIR No.279/2020, notice whereof was served upon the complainant who appeared in the court below and got the FR accepted on 04.01.2021. If at all there had been any iota of truth in the allegation that the complainant (Downloaded on 08/04/2021 at 08:49:26 PM) (3 of 3) [CRLMB-4314/2021] was subjected to rape by the petitioner on 01.012021, then she would not have casually permitted the above referred FR to be accepted. She definitely would have protested and rather, could have made a complaint of the alleged incident dated 01.01.2021 to the Magistrate. On the contrary, she got the FIR at hand registered after more than two months of the incident.
Thus, having regard to the entirety of facts and circumstances as available on record, this Court is of the opinion that it is a fit case to extend the benefit of pre-arrest bail to the petitioner under Section 438 Cr.P.C.
Accordingly, the bail application is allowed and it is directed that in the event of arrest of petitioner Ravidas S/o Shri Sharandas in connection with FIR No.67/2021, registered at Police Station Boranada, District Jodhpur, the petitioner shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-
(i). that the petitioner(s) shall make himself available for interrogation by a police officer as and when required;
(ii). that the petitioner(s) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer; an
(iii). that the petitioner(s) shall not leave India without previous permission of the court.
(SANDEEP MEHTA),J 155-Sudhir Asopa/-
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