Rajasthan High Court - Jodhpur
Pawan Sharma vs State Of Rajasthan on 5 July, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 5082/2022
Pawan Sharma S/o Panna Lal, Aged About 19 Years, R/o Satasar,
Teh. And P.s. Sri Dungargarh, Dist. Bikaner (Raj.). (Presently
Lodged In Distt. Jail, Churu).
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Nandram S/o Pannaram, Khet Mustgis, Rohi Sikrali,
Ratangarh, Rajaldesar Dist. Churu. Permanent Address-
Jaitsar, Ratangarh, Churu, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. Arun Kumar, PP
Mr. Hardik Gautam for complainant
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
05/07/2022
Heard learned counsel for the parties and perused the
material available on record.
The petitioner(s) has/have been arrested in FIR
No.145/2020 of Police Station Rajaldesar, Distt. Churu for the
offence(s) punishable under Section(s) 342, 363, 366,
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376(3), 376(2)(n) IPC and Section 5(L)/6 of the POCSO Act,
2012. He/she/they has/have preferred this/these second bail
application(s) under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that
after rejection of the earlier bail application of the petitioner,
statement of the victim has been recorded before the trial
court. It is argued that as per the prosecution story, the
victim left her house on 20.8.2020 and, thereafter, she was
recovered by the police on 24.8.2020. It is also argued that
after recovery of the victim, the police has recorded her
statement (Exhibit D/1) under Section 161 CrPC on
25.8.2020 wherein, she has specifically stated that she left
her house on her own and went to Jaipur. It is further
submitted that the victim did not level any allegation of
abduction or sexual assault against the petitioner. Learned
counsel has submitted that later on, under the pressure of
her family members, the victim for the first time, in her
statement recorded under Section 164 CrPC on 1.9.2020
before the Magistrate has levelled allegation of rape against
the petitioner. It is also submitted that thereafter on
26.9.2020, the police has recorded supplimentary statement
of the victim wherein, she has reiterated the allegations.
Learned counsel for the petitioner, while inviting attention of
this Court towards the statement of the victim, has argued
that she in her court statement has admitted that on
25.8.2020, she gave her statement to the police. Though she
(3 of 4) [CRLMB-5082/2022]
has stated that she gave that statement as the petitioner had
threatened her, but she has also admitted that the petitioner
was not present at the police station at the time of recording
of her statement on 25.8.2020.
It is submitted that as a matter of fact, the victim was in
relationship with the petitioner and left her house on her own
free will, however, so far as the allegations of abduction and
sexual assault against the petitioner are concerned, the same
have been levelled by her under pressure of her family
members. Learned counsel has submitted that the petitioner
is in custody since one and a half years and trial of the case
is likely to take time.
Per contra, learned Public Prosecutor as well as learned
counsel for the complainant have opposed the bail
application.
Having regard to the totality of the facts and
circumstances of the case and taking into consideration the
custody period of the petitioner, without expressing any
opinion on the merits of the case, I deem it just and proper
to grant bail to the petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these second bail application(s) filed
under Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Pawan Sharma S/o Panna Lal shall be released
on bail in connection with FIR No.145/2020 of Police Station
Rajaldesar, Distt. Churu provided he/she/they execute(s) a
personal bond in the sum of Rs.50,000/- with two sound and
(4 of 4) [CRLMB-5082/2022]
solvent sureties of Rs.25,000/- each to the satisfaction of
learned trial court for his/her/their appearance before that
court on each and every date of hearing and whenever called
upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
176-msrathore/-
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