NAVEEN SINGH Vs. STATE

JUDGEMENT

(1.) Petitioner seeks anticipatory bail in FIR No. 146/2018 under Section 376/506/336 IPC Police Station Neb Sarai. As per the allegations in the FIR, petitioner is alleged to have committed the offence of rape on the prosecutrix several years prior to the lodging of the FIR and is alleged to have repeated the same several times. As per the statement recorded under Section 164 Cr.P.C, the last time the offence is alleged to have been committed was six months prior to registration of the FIR. It is further alleged that on 30.03.2018 when the prosecutrix along with her family was travelling to Shirdi the petitioner came to the house of the prosecutrix, quarrelled with her mother-in-law who was alone at home and thereafter fired some shots at the house. When her mother-in-law confronted the petitioner he is alleged to have quarrelled with her once again and thereafter left.

(2.) Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that there is an unexplained delay in lodging of the FIR and there is no material to substantiate that there was ever any physical relation between the petitioner and the prosecutrix. He further submits that as per the complaint, the petitioner is not alleged to have fired at anyone but is alleged to have fired shots at the house.

(3.) Petitioner was granted interim protection by order dated 24.04.2018 subject to his joining investigation.