Rajasthan High Court - Jodhpur
Vicky vs State Of Rajasthan on 4 June, 2021
Bench: Sandeep Mehta Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6645/2021
Vicky S/o Dilip Kumar, Aged About 30 Years, R/o Bagicha Vistar
Ramnagar, Vijaynagar Police Thana Vijaynagar District
Sabarkantha (Gujrat) (At Present At Distt. Jail Dungarpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha (through VC)
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA (VACATION JUDGE)
Judgment
04/06/2021
The instant bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in custody in relation to
FIR No.67/2021, Police Station Sadar Dungarpur, District
Dungarpur for offences under Sections 366 & 376 of the IPC.
Heard learned counsel for the petitioner and learned Public
Prosecutor and perused the material available on record.
Learned counsel Shri Ojha submits that the entire
prosecution case is false and fabricated. The prosecutrix is a major
married woman, aged 24 years. She was involved in longstanding
affair with the petitioner. Shri Ojha drew the Court's attention to
the photographs of the petitioner and the complainant showing
them in intimate poses as well as certain chats from the
(2 of 3) [CRLMB-6645/2021]
Instagram account of the complainant. He thus urges that the
entire prosecution case is false and fabricated and hence, the
petitioner who is in judicial custody deserves indulgence of bail.
Learned Public Prosecutor vehemently and fervently opposes
the submissions advanced by the petitioner's counsel. However, he
too is not in a position to dispute the fact that the prosecutrix is a
major married woman, aged 24 years. She alleged in the FIR that
her husband is working in Kuwait and she was living with her
daughter at her parents house in Vijaynagar, Gujarat. She alleged
that on 13.03.2021, the petitioner called her and pressurized her
to go to her matrimonial home. Accordingly, she alongwith her
daughter reached Palwada. The petitioner came there and took
the prosecutrix and her daughter to Himmat Nagar where she was
made to sign some documents. Thereafter, he took the prosecutrix
to Ahamdabad and confined in a room where she was subjected to
sexual assault. Considering the entire set of allegations as set out
in the FIR and the snaps taken from the Instagram accounts of
the prosecutrix and the photographs placed on record, the
contention of Shri Ojah that the case involves element of
consensual relationship between two major person is not without
merit.
In this background and having regard to the overall facts and
circumstances of the case as available on record, this Court is
inclined to extend indulgence of bail to the accused petitioner.
Accordingly, the bail application is allowed and it is directed that
the accused-petitioner Vicky S/o Dilip Kumar arrested in
connection with the F.I.R. No.67/2021 registered at Police Station
Sadar Dungarpur, District Dungarpur shall be released on bail
provided he furnishes a personal bond of Rs.50,000/- and two
(3 of 3) [CRLMB-6645/2021]
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), VJ
42-Sudhir Asopa/-
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