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Rajasthan High Court · body

2015 DIGILAW 1162 (RAJ)

Nizamuddin v. State of Rajasthan

2015-05-29

KANWALJIT SINGH AHLUWALIA

body2015
JUDGMENT 1. - Instant application has been preferred under Section 439 of Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in a case arising out of First Information Report No.28/2015, registered at Police Station, Soorwaal, District Sawaimadhopur for commission of offence punishable under Section 354 of Indian Penal Code, under Section 67-A of the Information Technology Act, 2000 and under Section 4/6 of the Indecent Representation of Women (Prohibition) Act, 1986. 2. I have perused the statement of the prosecutrix (name withheld to protect her identity) recorded under Section 164 Cr.P.C. 3. Prosecutrix is aged thirty-five years. She had traveled with the petitioner to the West Bengal. The photographs of the prosecutrix reveal that the prosecutrix and petitioner have been enjoying at the beach. 4. Furthermore, the Investigating Agency has not accepted the allegation of rape and have come to a conclusion that prima-facie, offence, if any, falls under the provisions of Section 354 of Indian Penal Code, under Section 67-A of Information Technology Act, 2000 and under Section 4/6 of Indecent Representation of Women (Prohibition) Act. 5. Since the prosecutrix had travelled along with the petitioner and had not levelled any allegation against the petitioner at the first instance, this Court is of the view that continuous detention of the petitioner, who is in custody since 27.04.2015, as an under trial, is not warranted, especially when charge-sheet has been filed and the trial of the case will take a long time to conclude. 6. Consequently, the present application is accepted and the petitioner is ordered to be released on bail during the pendency of the trial, to the satisfaction of the trial Court.Bail application allowed. *******