Citation : 2021 Latest Caselaw 4070 Raj/2
Judgement Date : 26 August, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No.
10135/2021
Mukesh Kumar Sharma S/o Shri Jagdish Prasad Sharma, Aged
About 35 Years, R/o 135, Mehto Ki Dhani Sarna Dungar Khera
Bisal Jaipur Raj.
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Lalit Gautam
For Complainant(s) : Mr. Sita Ram Yadav
For State : Mr. Sher Singh Mahla, PP
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
26/08/2021
1. Petitioner has filed this anticipatory bail application under
Section 438 Cr.P.C.
2. F.I.R. No.411/2021 was registered at Police Station Kardhani,
Jaipur City for offence under Sections 376 & 384 of I.P.C.
3. It is contended by counsel for the petitioner that petitioner
and husband of the complainant were working in partnership.
Some dispute took place when a vehicle was got registered by
husband of the complainant in his favour, upon which the
petitioner made a complaint to the S.H.O. on 22.01.2021.
Thereafter, petitioner made a complaint to the S.P. on 24.05.2021
and another complaint on 28.05.2021 that he is being threatened
that a false case would be registered against him, in pursuance to
(2 of 2) [CRLMB-10135/2021]
the complaint filed on 28.05.2021, an FIR was lodged on
11.06.2021. It is further contended that in counterblast of the
same, the present FIR has been lodged on 02.06.2021. There is
inordinate delay in lodging of FIR.
4. Learned Public Prosecutor and counsel for the complainant
have opposed the anticipatory bail application. It is contended
that petitioner had clicked some obscene photographs and on the
basis of the same, he was having sexual relationship with the
complainant. The same fact is narrated by the complainant in her
statement recorded under Section 164 Cr.P.C.
5. Petitioner is directed to appear before the Investigating
Officer on or before 13.09.2021.
6. Investigating Officer is directed to submit his report on
20.09.2021.
7. Till then, interim order in favour of petitioner shall continue.
8. List on 20.09.2021.
(PANKAJ BHANDARI),J
NIKHIL KR. YADAV /40
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