Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 648 (RAJ)

Mularam v. State of Rajasthan, Through PP

2019-02-25

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioners as well as learned Public Prosecutor and counsel for the complainant and also perused the material on record. 2. The petitioners apprehend their arrest in connection with FIR No. 90/2018 of Police Station Osiyan, District Jodhpur for the offences punishable under Sections 376-D, 384, 323 and 452 of IPC. 3. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case by the complainant. It is submitted that as a matter of fact, the petitioner No. 1 is a labour and used to construct house and he had also constructed the house of the complainant in the year 2016-17. It is submitted that the money of the petitioner No. 1 regarding construction of house was due and when petitioner No. 1 along with petitioner Nos. 2 and 3 went to the house of the complainant for demanding the money on 06.05.2018, he was assaulted by complainant and his wife. It is submitted that in relation to the said incident, the petitioners had approached the Police Station Osiyan, however, when FIR was not registered, he approached the Superintendent of Police, Jodhpur on 12.05.2018 and on his instructions FIR No. 88/2018 was registered at Police Station Osiyan on 24.05.2018. It is submitted that after registration of the FIR against the complainant, his wife and three other accused persons at the instance of petitioner No. 1 a false complaint regarding sexual assault has been filed against the petitioners in the Court of Judicial Magistrate, Osiyan on 28.05.2018 and FIR against the petitioners was registered on 01.06.2018. It is submitted that the police after thorough investigation have filed charge-sheet against the complainant and his wife in the FIR registered at the instance of petitioner No. 1, however, now the police are attempting to arrest the petitioners in the FIR filed against them by the complainant. It is submitted that allegation of sexual assault and extortion etc. are false and the same has been levelled against the petitioners in counter to the FIR filed by the petitioner No. 1. It is also submitted that the police have thoroughly interrogated the petitioners on several occasions, therefore, custodial interrogation of the petitioners is not required. Learned counsel for the petitioners has prayed that petitioners be granted benefit of anticipatory bail. 4. It is also submitted that the police have thoroughly interrogated the petitioners on several occasions, therefore, custodial interrogation of the petitioners is not required. Learned counsel for the petitioners has prayed that petitioners be granted benefit of anticipatory bail. 4. Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application and argued that wife of the complainant in her statement recorded under Sections 161 Cr.P.C. as well as 164 Cr.P.C.. has clearly alleged that petitioners sexually assaulted her while threatening to viral the video which they prepared at the time of sexual assault upon her when she was in unconscious condition. It is also submitted that the police have wrongly filed charge-sheet against the petitioners in the FIR lodged at the instance of petitioners No. 1. 5. Heard learned counsel for the parties and perused the case diary. The FIR regarding allegation of sexual assault has been lodged after a delay and admittedly after the registration of the FIR by the petitioner No. 1 against the complainant and his wife, police have also interrogated the petitioners, during the course of investigation and the interrogation notes are available in the case diary. 6. Having taking into consideration the overall facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant anticipatory bail to the accused petitioner under Section 438 Cr.P.C. 7. Accordingly, this bail application under Section 438 Cr.P.C. is allowed and it is directed that in the event of arrest of the petitioners Mularam S/o Ghewar Ram, Hukma Ram S/o Megaram and Panna Ram S/o Sh. Durga Ram in FIR No. 90/2018 of Police Station Osiyan, District Jodhpur they shall be enlarged on bail provided they furnish a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureities of Rs. 25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:- (i) He shall make himself available for interrogation by Investigating Officer as and when required; (ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (iii) He shall not leave India without the previous permission of the court.