Rajasthan High Court - Jodhpur
Navneet Panwar vs State on 25 August, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 10182/2021
Navneet Panwar S/o Kishana Ram, Aged About 25 Years, B/c
Meghwal, R/o Ladela, Police Station Sadar Jaisalmer, Tehsil And
District Jaisalmer. (At Present Confined In District Jail, Jaisalmer)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Ms. Yogita Mohnani
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
25/08/2021
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in judicial custody in
connection with F.I.R. No.38/2021, Police Station Mahila Thana,
District Jaisalmer, registered for the offences punishable under
Sections 420, 493 & 376(2)(n) of the Indian Penal Code.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that prosecutrix is a
32 years old divorced lady; in her statement under Section 164
Cr.P.C., she has admitted that she visited Jaipur on 07.01.2021
along with petitioner and it is the case of consensual relationship;
petitioner denied of marrying her, therefore, he has been
implicated in this case; and trial of the case will take time. With
these submissions, learned counsel for the petitioner prayed that
the benefit of bail may be granted to the petitioner.
(2 of 3) [CRLMB-10182/2021]
Per contra, learned Public Prosecutor has opposed the bail
application of the accused-petitioner.
Looking to the recitals of the FIR, it is clear that complainant
is a mature lady aged 32 years. As per the statements given by
her under Section 164 Cr.P.C., she visited Jaipur with petitioner
and stayed there for 3 days, which shows that it is a case of
consensual relationship. Hon'ble the Supreme Court in the case of
Dhruvram Murlidhar Sonar Vs. The State of Maharashtra & Ors.
(Criminal Appeal No.1443/2018, decided on 22.11.2018 has held
that the consensual sex will not amount to rape. Similarly, while
fillowing the judgment in the case of Dhruvram (supra), this Court
in the case of Sachin Sukhla Vs. State of Rajasthan & anr.
(Criminal Misc. Petition No.2092/2019, decided on 05.01.2021 has
also observed that the consensual intercourse will not amount to
rape. Taking into consideration the observations and ration in
both the above-said judgments, this Court is of the opinion that
the present bail application preferred on behalf of the accused-
petitioner deserves to be allowed.
Having regard to the facts and circumstances of the case,
particularly looking to the facts and circumstances of the case and
the fact that trial of the case will take sufficiently long time,
without expressing any opinion on the merits/demerits of the
case, this Court is of the opinion that the bail application filed by
the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered
that the petitioner, Navneet Panwar S/o Kishana Ram,
arrested in connection with F.I.R. No.38/2021, Police Station
Mahila Thana, District Jaisalmer, shall be released on bail, if
not wanted in any other case; provided he furnishes a personal
(3 of 3) [CRLMB-10182/2021]
bond of Rs.50,000/- with 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.
(DEVENDRA KACHHAWAHA),J
51-T.Singh/-
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