The Hon’ble Rajasthan Court granted bail to the Appellant on the grounds that prima facie no plausible explanation has been furnished by the prosecutrix for lodging the FIR after a huge delay of 4-5 years. Further, no obscene videos and photographs have been allegedly used by the appellant for pressurizing the prosecutrix. The prosecution did not show any apprehension of the Appellant influencing the prosecutrix or fleeing from justice in case he is enlarged on bail.
Brief Facts:
The present appeal has been filed against the order vide which the bail of the Appellant was rejected.
Contentions of the Appellant:
It was argued that prosecutrix has not levelled any allegation of sexual assault/rape against the Appellant in the FIR. It was only to file a false criminal case that allegations were levelled later in statement under Section 164 of Cr.P.C.
Further, that no reasonable explanation has been provided for delay in filing FIR.
Observations of the Court:
It was observed that prima facie no plausible explanation has been furnished by the prosecutrix for lodging the FIR after a huge delay of 4-5 years. Further, no obscene videos and photographs have been allegedly used by the appellant for pressurizing the prosecutrix. The prosecution did not show any apprehension of the Appellant influencing the prosecutrix or fleeing from justice in case he is enlarged on bail.
The decision of the Court:
Based on aforementioned reasoning, the Court accordingly allowed the Appeal.
Case Title: Shrawan Ram v. State of Rajasthan
Case No.: S.B. Criminal Appeal (Sb) No. 904/2024
Coram: Hon’ble Mr. Justice Kuldeep Mathur
Advocate for Appellant: Adv. Mr. Prem Sukh Choudhary
Advocate for Respondent: Adv. Mr. B.R. Bishnoi
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