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2019 DIGILAW 429 (RAJ)

Jasraj v. State of Rajasthan

2019-02-06

VIJAY BISHNOI

body2019
JUDGMENT : Vijay Bishnoi, J. Heard the learned counsel for the parties and perused the material available on record. 2. The petitioner apprehends his arrest in connection with FIR No.288/2018 of Police Station Sanchore, District Jalore, for the offence punishable under Section 376(D) and 384 IPC. He has preferred this anticipatory bail application under Section 438 Cr.P.C. 3. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that the FIR has been filed after about four months of the alleged incident and no satisfactory explanation has been offered for the said delay. It is submitted that the complainant is 22 years old married lady and having two children where-as the petitioner is 18 years old and whatever relations were between them, they were consensual. However, later on, the family members came to know about the relation between the petitioner and the complainant, the false FIR was lodged under pressure of her family members. It is submitted that as a matter of fact, the petitioner is not in possession of any objectionable photographs of the complainant and therefore, custodial interrogation is not required. 4. Per contra, learned Public Prosecutor as well learned counsel for the complainant have opposed the bail application and argued that the complainant in her statements has specifically alleged that the petitioner has sexually assaulted her continuously, therefore, he is not entitled for the benefit of anticipatory bail. 5. Having regard to the totality of the facts and circumstances of the case and having gone through the case diary, looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant anticipatory bail under Section 438 Cr.P.C. to the petitioner. 6. Accordingly, the application preferred by the petitioner under Section 438 Cr.P.C. is rejected.