VARUN GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant second bail application has been filed by the petitioner palpably on the ground that there is change of circumstances as the charge-sheet has been filed by the Police against him under Section 376, 498-A, 323, 406, 506 IPC.

(2.) The first bail application was rejected by this Court vide order dated 07/04/2020 observing as under:-

(3.) Learned counsel for the petitioner has again argued the case on merits and submitted that the petitioner is in custody since 27/02/2020 and the ex-parte divorce decree granted to the petitioner has been set aside by the concerned Court. Learned counsel further submitted that under a compromise the petitioner had given the prosecutrix an amount of Rs.27 Lac and the prosecutrix was causing physical and mental cruelty to the petitioner on account of which the petitioner had moved the divorce petition. Learned counsel further submitted that since the ex-parte decree has been set aside, the prosecutrix becomes his wife of the petitioner and therefore, the provisions of Section 375 IPC shall not apply and at best it can come within the ambit of provisions of Section 376-B IPC which is a bailable offence and therefore, the petitioner ought to be released on bail. Learned counsel relied on the judgment of the Supreme Court rendered in Ravinder Kaur Vs. Anil Kumar, 2015 8 SCC 286 to submit that in similar circumstances and the facts, the Court had noticed that if ex-parte divorce decree has been passed and the same is set aside, the matrimonial relations between husband wife shall have tobe restored.