Devisingh @ Devil S/O ... vs State Of Rajasthan
2022 Latest Caselaw 4920 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Second Bail Application No.
                                4392/2022

Devisingh @ Devil S/o Shambhusingh, R/o Village Bapui Dist.
Boli, P.s. Mitrpura, Dist. Sawaimadhopur Presently Residing
Tenant C-13 Shiv Nivas Jaisingh Highway Banipark P.s. Banipark
(At Present Accused-Petitioner Confined In Central Jail Jaipur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Its Public Prosecutor
                                                                 ----Respondent

For Petitioner(s) : Mr. Mohd. Umar Farooq For Respondent(s) : Mr. Laxman Meena, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

19/07/2022

1. Petitioner has filed this second bail application under Section

439 Cr.P.C.

2. F.I.R. No.89/2020 was registered at Police Station Bani Park,

Jaipur for offence under Sections 376, 313 & 509 I.P.C. and

section 66 of the IT Act, 2008.

3. It is contended by counsel for the petitioner that the victim is

a married lady, who had consensual relationship with the

petitioner and she herself sent the photographs to the petitioner.

4. Learned Public Prosecutor has opposed the second bail

application.

5. I have considered the contentions and have perused the

statement of prosecutrix.

(2 of 2) [CRLMB-4392/2022]

6. Prosecutrix in her statement has specifically stated that she

was lured by the petitioner on the pretext that he would send her

photographs to a film producer and he took her to the hotel where

he mixed something in her cold drink, thereafter, in the state of

unconsciousness, he committed rape with her. She has also stated

that the petitioner threatened to post her photographs and

obscene material on the internet. The obscene photographs etc.

has been exhibited during examination of the witness. There being

transmission of obscene material and there being specific

allegation of rape against the petitioner, I am not inclined to

entertain the second bail application.

7. This second bail application is, accordingly, dismissed.

(PANKAJ BHANDARI),J

ARTI SHARMA /40

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