Deepak Kumar vs State
2022 Latest Caselaw 4261 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

....

S.B. Criminal Misc. Bail Application No. 2345/2022.

Deepak Kumar S/o Shri Keeka Ram, Aged about 19 Years, Resident of Village Jaloya - Fali - Siyawa, Police Station RIICO Aburoad, District Sirohi (Rajasthan)

(Presently Lodged In Sub Jail, Aburoad)

----Petitioner Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Hitendra Singh.

For Respondent(s) : Mr. Arun Kumar, PP.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

16/03/2022

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. 227/2021, Police Station Sadar Abu

Road (Sirohi), registered for the offences punishable under

Sections 366, 376 & 376(2)(N) of the Indian Penal Code.

Heard learned counsel for the petitioner as well as learned

Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner stated that the prosecutrix

"G" is a major lady; that as per FIR itself, consensual sexual

relations were established on the assurance of marriage; that the

FIR in question was filed on the ground that few days ago, the

accused-petitioner had refused to marry the prosecutrix "G"; that

as per the ratio laid down by Hon'ble the Apex Court while

(2 of 3) [CRLMB-2345/2022]

rendering the judgment in the case of "Dhruvaram Murlidhar

Sonar Vs. The State of Maharashtra & Ors.", it was held

that, consensual sex will not amount to rape; that the charge-

sheet has been filed; that the accused-petitioner is in judicial

custody since 24.12.2021; and that the trial will take time,

therefore, benefit of bail may be granted to the accused-

petitioner.

Per contra, learned Public Prosecutor has vehemently and

fervently opposed the bail application of the accused-petitioner

but does not controvert this fact that the prosecutrix "G" is a

major girl.

Having regard to the facts and circumstances of the case,

particularly looking to the facts that the prosecutrix "G" is a major

lady; that the accused-petitioner is under incarceration since

24.12.2021; that the charge-sheet has been filed; and that the

trial will take sufficiently long time, therefore, without expressing

any opinion on the merits/demerits of the case, this Court is of the

opinion that the bail application filed on behalf of the accused-

petitioner deserves to be accepted.

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.

(3 of 3) [CRLMB-2345/2022]

Consequently, the bail application is allowed. It is ordered

that the petitioner, Deepak Kumar S/o Keeka Ram, arrested in

connection with F.I.R. No. 227/2021, Police Station Sadar Abu

Road (Sirohi), 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 40-Mohan/-

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