Gaurav Sahu vs State
2022 Latest Caselaw 4025 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

.....

S.B. Criminal Misc. Bail Application No. 2356/2022.

Gaurav Sahu S/o Rajesh Sahu, Aged About 27 Years, R/o 22 Cement Gali, Dehli Gate, Inside Dholibaori, Udaipur. (At Present Lodged In Central Jail, Udaipur)

----Petitioner Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Deepak Menaria Mr. O.P. Godara For Respondent(s) : Mr. Arun Kumar, PP Mr. Jayant Joshi for the complainant

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

14/03/2022

The present bail application has been filed under Section 439

Cr.P.C. on behalf of the petitioner, who is in judicial custody in

connection with F.I.R. No.66/2022, Police Station Ambamata,

District Udaipur, registered for the offences punishable under

Section 376 of the Indian Penal Code.

Heard and considered arguments advanced by learned

counsel for the petitioner, learned Public Prosecutor and learned

counsel appearing on behalf of the complainant. Perused the

material available on record.

Learned counsel for the petitioner stated that prosecutrix 'G'

is a 20 years old matured lady; petitioner and prosecutrix are

known to each other since two years; alleged incident took place

(2 of 3) [CRLMB-2356/2022]

on 18.01.2021; FIR in regard to the incident of 2021 was filed on

01.02.2022; consensual relations were made between the

petitioner and the prosecutrix on the assurance of marriage; the

prosecutrix became pregnant and thereafter FIR has been filed on

the allegation that the petitioner has advised the prosecutrix for

abortion of the foetus, petitioner has given her a tablet for the

purpose of abortion and has refused/denied to marry with the

prosecutrix; charge-sheet has been filed; petitioner is under

incarceration since 07.02.2022; and trial will take time. With these

submissions, learned counsel for the petitioner prayed that the

benefit of bail may also be granted to the petitioner.

Per contra, learned Public Prosecutor as well as learned

counsel appearing on behalf of the complainant have vehemently

and fervently opposed the bail application of the accused-

petitioner.

Hon'ble the Supreme Court in the case of Dhruvaram

Murlidhar Sonar Vs. The State of Maharashtra & Ors. (Criminal

Appeal No.1443/2018, decided on 22.11.2018) has held that the

consensual sex will not amount to rape. Similarly, while following

the judgment in the case of Dhruvaram (supra), this Court in the

case of Sachin Sukhla Vs. State of Rajasthan & Anr. (Criminal

Misc. Petition No.2092/2019, decided on 05.01.2021) has also

observed that the consensual intercourse will not amount to rape.

Having regard to the facts and circumstances of this case,

particularly looking to the facts that there is no satisfactory

explanation in regard to delay in filing of FIR; prosecutrix is a 23

years old matured lady; as stated above, the consensual relations

were made on the assurance of marriage and simply because, the

(3 of 3) [CRLMB-2356/2022]

petitioner has not married the prosecutrix, it cannot be said that

the relations were made without consent of the prosecutrix;

charge-sheet has been filed; and trial will take sufficiently long

time, therefore, this Court is of the opinion that the present bail

application preferred on behalf of the accused-petitioner deserves

to be allowed.

Consequently, the bail application is allowed. It is ordered

that the petitioner - Gaurav Sahu S/o Rajesh Sahu, arrested in

connection with F.I.R. No.66/2022, Police Station Ambamata,

District Udaipur, shall be released on bail, if not wanted in any

other case; provided he furnishes a personal bond of Rs.50,000/-

with two 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.

(DEVENDRA KACHHAWAHA),J 36-Rashi/-

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