Rajasthan High Court - Jodhpur
Vikram vs State Of Rajasthan on 8 April, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2055/2021
Vikram S/o Sh. Banwari Lal, Aged About 27 Years, R/o
Ratanpura, Tehsil Nohar, Dist. Hanumangarh (Raj.). (At Present
Lodged In Sub Jail, Nohar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. D.S. Gharsana
Mr. Suresh Nehra
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
08/04/2021
The instant bail application under Section 439 CrPC has
been preferred by the petitioner Vikram S/o Banwari Lal, who is in
custody in connection with the F.I.R. No.511/2020 registered at
the Police Station Nohar, District Hanumangarh for the offences
under Sections 384, 376-D, 342, 506 and 34 IPC.
Heard learned counsel for the parties and perused the
material available on record.
The prosecutrix is a major married woman aged 25
years having two children from her wedlock with one Sandeep
Kumar. She went missing from the matrimonial home on
05.11.2020, on which, Sandeep Kumar lodged Missing Person
Report No.35/2020 at the Police Station Nohar. The lady was
traced out on 17.11.2020 and her statement was recorded on the
very same day, wherein she alleged that she left the matrimonial
(2 of 3) [CRLMB-2055/2021]
home on 05.11.2020 at about 07.00 a.m. leaving behind her two
minor children and went to Sirsa. From Sirsa, she called her
husband's cousin brother Vikram on phone and informed him that
she was standing at Sirsa bus stand and that he should reach
there. On her instruction, Vikram reached there. She stated that
her husband was habitual of drinking liquor and used to harass
and humiliate her and therefore, she left her husband's house.
She further stated that nobody had allured her and nor was she
subjected to any illicit act. Nearly 15 days after the lady returning
to her husband's home, the FIR came to be lodged, wherein it is
alleged that the petitioner had taken some obscene videos of the
complainant while she was bathing. The complainant was
blackmailed by showing the videos and in his manner, the
petitioner would take liberties with her and subjected her to rape
on a number of occasions. On the threat given by the petitioner,
she collected her Aadhaar Car, Voter I.D. Card etc. and went to
the village bus stand, where Vikram was present from before.
Both boarded a bus and went to Sirsa. At Sirsa, she was made to
stay at the house of a relative of the present petitioner, where the
petitioner subjected her to rape. From there, she was taken to
Hisar and then to Aadampur Mandi, where she was kept in a guest
house. There also the petitioner subjected her to rape. Then the
petitioner took her to Sirsa, where too, she was subjected to rape
by the petitioner. Then they proceeded to Chittorgarh alongwith
Bhura Ram. At Chittorgarh, she was kept confined in a village
named Kachumara, where the petitioner and Bhura Ram subjected
her to forcible sexual assault for about 8-10 days. She was made
to sign some blank papers.
(3 of 3) [CRLMB-2055/2021]
Be that as it may. The petitioner has been arrested in
this case and has been remanded to judicial custody.
Learned counsel Mr. Gharsana submits that as a matter
of fact, a case of consensual relations plain and simple has been
given the colour of rape in the highly belated FIR. He, thus, urges
that the petitioner deserves indulgence of bail.
Learned Public Prosecutor opposes the submissions
advanced by the learned counsel for the petitioner. However, he
makes a statement after perusing the case diary that no indecent
clips of the prosecutrix have been recovered by the Investigating
Officer during investigation.
In this background and having regard to the entirety of
the facts and circumstances of the case, I am inclined to grant
indulgence of bail to the petitioner.
Accordingly, the instant bail application under Section
439 CrPC is allowed. It is ordered that the accused-petitioner
Vikram S/o Banwari Lal arrested in connection with F.I.R.
No.511/2020 registered at the Police Station Nohar, District
Hanumangarh shall be released on bail; provided he furnishes a
personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/-
each to the satisfaction of the learned trial court with the
stipulation to appear before that Court on all dates of hearing and
as and when called upon to do so.
(SANDEEP MEHTA),J
83-Pramod/-
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