Mala Ram vs State Of Rajasthan ...
2023 Latest Caselaw 1900 Raj

[2023/RJJD/005775]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 471/2023

Mala Ram S/o Bhura Ram, Aged About 35 Years, R/o Vill. Ogala Ps Sedwa Dist. Barmer (At Present Lodged In Dist. Jail Barmer)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. RJ Punia For Respondent(s) : Mr. Arun Kumar, PP Ms. Suchha Vishnoi, for complainant

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment / Order

17/02/2023

The petitioner has been arrested in connection with FIR

No.368/2022 of Police Station Dhorimanna, District Barmer for the

offences punishable under Sections 366, 384, 376(1) & 342 IPC.

He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner submits that the petitioner

has not committed the offence as alleged in the FIR and he has

been falsely implicated in the present case. It is also submitted

that the petitioner and the prosecutrix were in a consensual

relationship and the age of the prosecutrix is about 30 years.

Learbned counsel for the petitioner has also produced a joint

photograph of the petitioner and the prosecutrix so as to show

that there were consensual relationship between them. Therefore,

it is prayed that he may be enlarged on bail.

[2023/RJJD/005775] (2 of 2) [CRLMB-471/2023]

Per contra, learned Public Prosecutor as well as learned

counsel for the complainant opposed the prayer made by learned

counsel for the petitioner.

Learned counsel appearing for the complainant submitted

that the photograph produced by the learned counsel for the

petitioner for perusal of this Court may not be used to prove that

there was consensual relationship between the petitioner and the

prosecutrix as the same has been clicked forcibly.

Having regard to the facts and circumstances of the case,

this Court does not find it to be a fit case for grant of bail at this

stage.

Therefore, the bail application is rejected with liberty to file

fresh bail application after recording of statements of the

prosecturix.

(MADAN GOPAL VYAS),J 38-nidhi/-

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