Rahul vs State Of Rajasthan on 17 February, 2022
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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
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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.