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Rajasthan High Court · body

2015 DIGILAW 1184 (RAJ)

Nanda Ram v. State of Rajasthan through P. P.

2015-06-19

ATUL KUMAR JAIN

body2015
ORDER : 1. These two applications for anticipatory bail have been filed by accused applicants (1) Nanda Ram, (2) Ratan Lal, (3) Bachanpal and (4) Hari Ram. 2. In her statement under Section 164 Cr.P.C., the prosecutrix has alleged that shivpal Choudhary committed rape upon her after kidnapping her with the help of other accused persons including Nanda Ram, Ratan Lal, Bachanpal and Hari Ram. 3. On the other hand learned counsel for the accused applicants have argued that prosecutrix is legally married wife of Shivpal Choudhary and so Shivpal Choudhary has wrongly been charged for rape by the prosecutrix. It has also been argued on behalf of the accused applicants that looking to the photographs submitted by them during the arguments on these bail applications, it cannot be said that Shivpal Choudhary had forced the victim to marry him. 4. On the other hand, learned Public Prosecutor has argued that the victim does not endorse the alleged marriage certificate, which has been dubiously procured by the accused applicants from Arya Samaj Mandir, Balangir, Odisha because neither the victim nor the accused applicants nor Shivpal Choudhary are residents of Orissa. 5. In the circumstances of the case, looking to the serious charges against the accused applicants regarding kidnapping, rape and procuring bogus marriage certificate to victimise the prosecutrix, this Court is not inclined to grant anticipatory bail to any of the accused applicants. 6. Hence, both the bail applications filed by above mentioned accused applicants are hereby dismissed. Copy of this order be sent to the SHO, P.S., Gandhi Nagar, Ajmer in relation to FIR No. 106/2015 for offences under sections 363 & 366 IPC immediately.