Rajasthan High Court - Jodhpur
Harish @ Vicky vs State Of Rajasthan on 18 April, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:16567]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1166/2024
Harish @ Vicky S/o Purshottam Ganchha, Aged About 28 Years,
R/o Surajpole Road, Salumbar, Police Station And District
Salumbar, Rajasthan.
(At Present Lodged In Central Jail Udaipur)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 18/04/2024 The instant application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.200/2023, registered at Police Station Salumbar, District Udaipur, for the offences under Sections 376(3) & 376(2)
(n) of the IPC and Section 5(l)/6 of the POCSO Act.
Heard learned counsel for the parties at Bar and perused the material available on record.
Learned counsel for the petitioner contended that the present petitioner has been falsely implicated in the present case. Learned counsel submitted that the allegation against the present petitioner is of committing sexual assault-rape on the victim 'D'.
Drawing attention of the Court towards the FIR, learned counsel submitted that initially specific allegation of committing rape on victim 'D' was levelled against the co-accused Laxman. (Downloaded on 18/04/2024 at 08:34:01 PM) [2024:RJ-JD:16567] (2 of 4) [CRLMB-1166/2024] However, later on the victim 'D' in her statements recorded under various sections of Cr.P.C. levelled allegation of sexual assault-rape against the petitioner and the other co-accused persons. Learned counsel further submitted that there are grave variations and contradictions in the story narrated by the victim 'D'. The investigating agency also, during the course of investigation has not found the story narrated by the victim 'D' to be true and a correct version of the events which had taken place in the matter. To substantiate this contention, learned counsel submitted that the allegation of sexual assault-rape has been levelled by the prosecutrix against the present petitioner and Rohit, Lucky, Vishnu, Vikas, Bansilal, Ravi and Surji. However, the investigating agency has filed charge sheet against Laxman, Rohit and the present petitioner only, for the offences under Sections 372(2)(n) of the IPC and offences punishable under POCSO Act. No reason whatsoever has been assigned by the Investigating Agency for exonerating the other accused persons from the charges. The Investigating Agency has therefore adopted a pick and choose practice while arresting the petitioner.
Learned counsel further submitted that there is a delay of about 4 months in lodging of the FIR by the complainant. The said delay has not been properly explained by the prosecution.
Lastly, learned counsel submitted that the statements of the victim 'D' (P.W. 01) have already been recorded before the competent criminal court on 17.11.2023. The statements of other material witnesses have also been recorded before the competent criminal court. Therefore, no fruitful purpose would be served by (Downloaded on 18/04/2024 at 08:34:01 PM) [2024:RJ-JD:16567] (3 of 4) [CRLMB-1166/2024] keeping the present petitioner who is aged about 28 years behind the bars for an indefinite period of time as the trial is likely to take sufficiently long time.
On these grounds, learned counsel for the petitioner implored the Court that the petitioner who is in judicial custody, may be enlarged on bail.
Per Contra, learned Public Prosecutor has vehemently and fervently opposed the bail application.
Having considered the facts and circumstances of the case, this Court prima facie finds sufficient force in the arguments of the learned counsel for the petitioner that in the FIR lodged by the complainant, a specific allegation of sexual assault-rape on the victim 'D' was levelled against on Laxman only. The victim 'D', thereafter, in her statements recorded under various sections of Cr.P.C. has levelled an allegation of sexual assault-rape committed upon her against a number of persons including the present petitioner. The Investigating Agency has arrested a few persons who have been named by the victim 'D', however, the other persons though named by her, have not been arrested/chargesheeted without any reason/explanation for the same. This Court is not convinced as to how the Investigating Agency while charge sheeting the petitioner, has left out a few other accused persons though they were specifically named by the victim 'D' in her statements recorded before the competent criminal court.
This Court also prima facie finds that the statements of the victim 'D' have already been recorded before the competent (Downloaded on 18/04/2024 at 08:34:01 PM) [2024:RJ-JD:16567] (4 of 4) [CRLMB-1166/2024] criminal court and therefore, now there is no apprehension of the petitioner influencing the victim. The prosecution has also not shown any apprehension of the petitioner fleeing away from Justice in case he is enlarged on bail. Thus, without expressing any opinion on the merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.
Accordingly, the present bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner- Harish @ Vicky S/o Shri Purshottam Ganchha shall be enlarged on bail in connection with F.I.R. No.200/2023, registered at Police Station Salumbar, District Udaipur, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.
It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
(KULDEEP MATHUR),J 28-mohit/-
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