Citation : 2021 Latest Caselaw 7235 Raj/2
Judgement Date : 6 December, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 19039/2021
Arun Choong S/o Shri Shyamlal
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. V.P. Shastri. For Respondent(s) : Mr. F.R. Meena, PP.
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/12/2021 Counsel for the petitioner submits that the story as narrated by the complainant in the FIR is not convincing and from the bare perusal of the same, no offence under Section 375 IPC is made out. Counsel further places reliance on the judgment of the Hon'ble Supreme Court passed in the matter of Pramod Suryabhan Pawar versus State of Maharashtra and Anr. in Criminal Appeal No. 1165 of 2019 @ SLP (Criminal) No. 2712 of 2019. He thus prayed that anticipatory bail application of petitioner be allowed.
Counsel for the State opposed the prayer, however, he does not dispute that there was long consensual sexual relationship between the parties.
In this view of the matter, the petitioner is directed to appear before the IO on or before 21.12.2021. IO is directed to make thorough investigation and send its report on the next date of hearing.
List on 18.01.2022.
In the meanwhile, the petitioner shall not be arrested.
(FARJAND ALI),J
PREETI VALECHA /81
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