Rajasthan High Court - Jodhpur
Rahul vs State Of Rajasthan on 17 February, 2022
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
JODHPUR.
.....
S.B. Criminal Misc. Bail Application No. 1418/2022. Rahul S/o Sh. Kamlesh Kumar, aged about 24 years, Resident of Village Bhander, Police Station Nana, District Pali. (Presently Lodged At Sub Jail, Bali).
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Suresh Kumbhat.
Mr. Sheetal Kumbhat.
For Respondent(s) : Mr. Anda Ram Choudhary, PP.
Mr. Pritam Joshi, for the complainant.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
17/02/2022
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with C.R. No. 180/2022 (Sic 180/2021), Police Station Nana, District Pali, registered for the offences punishable under Sections 376, 506, 384 of the Indian Penal Code.
Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant. Perused the material available on record. (Downloaded on 18/02/2022 at 08:41:40 PM)
(2 of 4) [CRLMB-1418/2022] Learned counsel for the petitioner stated that earlier one Criminal Misc. Petition under Section 482 Cr.P.C. has been filed by the accused-petitioner, registered as S.B. Criminal Misc. (Pet.) No. 7042/2021 titled as "Rahul Vs. State of Rajasthan" and that case, a co-ordinate Bench of this Court vide order dated 28.01.2022, liberty was granted to the accused-petitioner that the petitioner shall file all relevant documents including the call details, messages exchanged with the complainant, to the I.O. who shall confront the complainant with the tenor of the messages exchanged between her and the accused. Legal opinion of the ADP concerned shall be taken after collecting all this material and a detailed factual report will be submitted for the Court's perusal on the next date of hearing. Till then, charge-sheet shall not be filed in this case; that in compliance of the order dated 28.01.2022 passed by the co-ordinate Bench of this Court, the accused- petitioner has submitted all the relevant documents to the concerned Investigating Officer and this facts has been verified by the learned Public Prosecutor that all the documents have been received by the concerned Investigating Officer but no investigation has been conducted on the basis of the documents submitted by the accused-petitioner; that the next date of hearing in that Criminal Misc. Petition is 22.03.2022. Learned counsel for the accused-petitioner stated that the petitioner is a 24 years old young boy; that the prosecutrix "B" is a 32 old married lady; that as per the prosecution, incident in question has been taken place on 15.10.2021; that the FIR has been lodged on the very next day at around 10:16 pm on 16.10.2021; that the accused-petitioner is in custody since the date of his arrest (i.e. 17.01.2022). Learned counsel also stated that as per the call detail report and whatsapp (Downloaded on 18/02/2022 at 08:41:40 PM) (3 of 4) [CRLMB-1418/2022] chattings exchanged between the prosecutrix "B" and the accused-petitioner, she herself was ready to leave the matrimonial home; that there is relationship of love and affairs between the petitioner and the prosecutrix. Learned counsel also stated that when the prosecutrix was caught in awkward position with the accused-petitioner by her brother-in-law and father-in-law, accused-petitioner has falsely been implicated in this case; and that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently and fervently opposed the bail application of the accused- petitioner and stated that the prosecutrix has supported the story of the prosecution during her statements recorded under Section 161 Cr.P.C. as well as 164 Cr.P.C. but learned Public Prosecutor admits this fact that no investigation has been conducted by the Investigating Officer in regard to the documents submitted by the accused-petitioner on the ground that these documents have not been signed by Kamlesh. Learned Public Prosecutor also stated that the supplementary statement of the prosecutrix was also recorded thereafter and the prosecutrix "B" has also supported the story of the prosecution in that statement also.
Having regard to the facts and circumstances of the case, particularly looking to the facts that pursuant to the directions issued by the co-ordinate Bench of this Court vide order dated 28.01.2022, it was the duty of the Investigating Officer to conduct investigation in the matter in regard to the whatsapp chattings (Downloaded on 18/02/2022 at 08:41:40 PM) (4 of 4) [CRLMB-1418/2022] and call detail detail report submitted by the accused-petitioner which were obtained from the Service Provider Company (Airtel) and the requisite investigation cannot be postponed on the ground that these documents have not been signed by Kamlesh; that genuineness of the documents can be verified by the Investigating Officer by conducting thorough investigation; that looking to the whatsapp chattings exchanged between prosecutrix "B" and the accused-petitioner and the call detail report; that considering the age of the prosecutrix "B"; and that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed on behalf of the accused-petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the petitioner, Rahul S/o Kamlesh Kumar, arrested in connection with C.R. No. 180/2022 (Sic 180/2021), Police Station Nana, District Pali, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
(DEVENDRA KACHHAWAHA),J 70-Mohan/-
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