SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under'Section 439'Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 585/2021, Police Station - Pindwara, Sirohi, registered for the offences punishable under'Sections 366'and'306'of the Indian Penal Code [as per rejection order dated 22.03.2021, offence under'Section 376(2)(n)'IPC has also been mentioned).

(2.) Learned counsel for the petitioner appearing through video conferencing stated that the accused-petitioner was falling in love with the deceased; they were in touch with each other through telephonic conversation from 08.12.2020 to 15.12.2020; that even the last phone call made by the petitioner at 4:35 pm, they talked for 45 minutes. Learned counsel further stated that as per the statements of Lalita Kumari and Vikas, the deceased had gone at her own will with the accused-petitioner to the market and thereafter, the accused-petitioner had left the deceased at her house; that the accused-petitioner had made a phone call to the deceased at around 11:00 am and talked with her for 4 to 5 minutes; that the dead body of the deceased was found in a hanging position on 16.12.2020; that there is no evidence of harassment and instigation against the accused-petitioner; that even there is no evidence to prove sexual harassment by the accused-petitioner. Learned counsel also stated that the charge- sheet has been filed; that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner. Learned counsel for the petitioner has relied upon a judgment of this Court rendered in the case of Ram Kumar Jangid and Ors. v. The State of Rajasthan and Anr. (S.B. Criminal Misc. Petition No. 2369/2012, decided on 26.02.2013) [vide paragraph (6) of citations regarding mens rea].

(3.) Per contra, learned Government Advocate-cum-Additional Advocate General assisted by the learned Public Prosecutor have opposed the bail application of the accused-petitioner.