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2022 DIGILAW 2445 (RAJ)

Naveen Soni v. State of Rajasthan, Through Public Prosecutor

2022-09-14

SAMEER JAIN

body2022
JUDGMENT 1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-applicants Naveen Soni Son Of Shri Bishan Soni. The applicant was arrested in connection with FIR No.133/2022 registered at Police Station Kishangarh District Ajmer for the offence(s) under Sections 354(D), 384, 504, 506, 376/511, 376 of IPC and Section 67 of IT Act. 2. Learned counsel for the accused-applicant submits that the victim in question is a major lady of 24 years who was divorced in the year 2016. Counsel further submits that the alleged incident occurred on 21.11.2021. Whereas, the first FIR was filed on 26.04.2022 wherein there was no allegation of committing rape. It was on 09.05.2022 that another complaint was filed wherein the allegations of rape were specified. Counsel further submits that as per the statements recorded under Section 164 Cr.P.C., it is an admitted fact that the applicant and the complainant were in a close relationship for a period of past 4 years. It is on account of a certain dispute that the complainant has filed the present FIR and the applicant has been falsely implicated in the matter. Chargesheet has been filed. Counsel further submits that no purpose will be solved, if the applicant is kept behind the bars. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application and has submitted that a case under Section 61, 67 of the IT Act is made out. The complainant has also attempted suicide on account of physical and mental harassment. 4. Considering the arguments advanced by the counsel for the parties and the fact that the victim in question is a major lady of 24 years, who was in close company with the applicant for the last 4 years, charge-sheet has been filed, the first FIR reflected that there was no allegation of rape or forceful physical harassment and looking to the overall facts and circumstances of the case and material on record but without commenting on merits or de-merits of the case, this court deems it appropriate to enlarge the applicant on bail. 5. 5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-applicant Naveen Soni Son Of Shri Bishan Soni shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.