Aslam Khan Son Of Alimuddin vs State Of Rajasthan
2022 Latest Caselaw 7563 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

   S.B. Criminal Miscellaneous Bail Application No. 14124/2022

Aslam Khan Son Of Alimuddin, Resident Of Sainat Khidkiya
Bahar, Near Veer Hanuman Karauli (Raj.)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.P.
                                                                ----Respondent

For Petitioner(s) : Mr. Mahendra Kumar Jain, Advocate For Respondent(s) : Mr. Sanjeev Kumar Mahala, Public Prosecutor

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

01/12/2022 This anticipatory bail application has been filed under

Section 438 of Cr.P.C. in connection with FIR No. 113/2022

registered at Police Station Udai Mod, District Sawai Madhopur for

the offence under Section 376 of IPC.

Learned counsel for the petitioner submits that the

prosecutrix is 22 years of age and she has a minor child. Learned

counsel further submits that no offence under Section 376 is made

out against the petitioner and he has falsely been implicated in

this case. Learned counsel further submits that the petitioner has

given one mobile phone as a gift to the prosecutrix and the

husband of the prosecutrix has seen her talking on mobile phone

with the petitioner, hence, she has lodged a false, concocted and

delayed FIR against the petitioner. Learned counsel further

submits that photographs of the prosecutrix have been annexed

(2 of 3) [CRLMB-14124/2022]

with the application for perusal of this Court and has placed

reliance upon the judgments passed by the Apex Court in the

cases of Shambhu Kharwar Vs. State of Uttar Pradesh AIR

2022 Supreme Court 3901, Maheshwar Tigga Vs. State of

Jharkhand AIR 2020 Supreme Court 4535, Dr. Dhruvaram

Murlidhar Sonar Vs. State of Maharashtra & Ors. AIR 2019

Supreme Court 327, Sonu @ Subhash Kumar Vs. State of

Uttar Pradesh 2021(1) WLC (SC) Cri. 595 and Pramod

Suryabhan Pawar Vs. State of Maharshtra & Anr. 2019(2)

WLC (SC) Cri. 638. Learned counsel has also placed reliance

upon the judgment passed at Rajasthan High Court, Jodhpur in

the case of Sachin Sukhla Vs. State of Rajasthan reported in

2021(3) WLC (Raj) 91. Hence, the anticipatory bail application

of the accused-petitioner may kindly be granted.

On the other hand, learned Public Prosecutor has

opposed the bail application.

Heard learned counsel and perused the material

available on record.

As per statement of the prosecutrix recorded under

Section 164 of Cr.P.C., the petitioner has captured obscene photos

of the prosecutrix and threatened her to make her obscene photos

go viral for making physical relation, thereby, she made physical

relation with the petitioner. Therefore, looking to the above facts

and circumstances of the case, but without expressing any opinion

on the merits and demerits of the case, I deem it not proper to

enlarge the petitioner on anticipatory bail.

(3 of 3) [CRLMB-14124/2022]

Hence, the anticipatory bail application of the petitioner

is dismissed.

(CHANDRA KUMAR SONGARA),J

Ashish Kumar /51

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