MOHD. RAFIQ RIZAWI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this bail petition under section 438 Cr.PC. in a case registered against FIR No. 536/99 at Police Station Kotwali, Bundi under sections 363, 366, 376, 386, 344 and 120 B of the Indian Penal Code, the submissions advanced on behalf of the petitioner are, that the prosecutrix is major and after changing her religion she entered into marriage with the petitioner. The marriage was performed according to Muslim religion at Kota in the presence of Kazi. After marriage the prosecutrix had written letters to local administration, police authorities as well as the Chief Judicial Magistrate describing therein that she had entered into marriage with the petitioner at her own will and at that time she was not under any kind of influence and terror. She stated in the letters that her parents are illegally and unnecessarily harassing them therefore necessary arrangements be made for their safety. The statement of the prosecutrix, under section 164 Cr.PC. was recorded by the investigating officer under the presence of her parents and community persons. The allegations made in the FIR are so absurd and inherently improbable that no prudent person can ever reach a just conclusion that there is a sufficient ground to arrest the petitioner. Reliance was placed on Sallaudding Abdul Samed Sahikh Vs. State of Maharashtra (AIR 1996 SC 1042 ).

(2.) Learned Public Prosecutor vehemently opposed the bail petition and canvassed that the petitioner is a criminal and five criminal cases are pending against him. It was also urged that the petitioner by showing pistol to the prosecutrix snapped her nude photographs and got executed the documents under threat and by black mailing her. Rape was committed with her by the petitioner and the petitioner obtained her consent when she was under constant fear.

(3.) I have pondered over the rival submissions and perused case diary. I have also scanned the statement of the prosecutrix recorded under section 164 Cr.PC.