MUKTENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.599/2020 registered at Police Station Ramgarh, District Alwar for the offence(s) under Section(s) 376 of I.P.C.

(2.) It is contended by learned counsel for the petitioner that the material on record including the statements of the prosecutrix herself, her husband Vijendra Kumar, her brother-in-law Anand Kumar and sister-in-law Sarita reveals that the prosecutrix, a married lady aged 28 years, was having extra marital relations with the petitioner and on being caught red handed coming from his house in night, false FIR has been lodged with a delay of about two months. Learned counsel for the petitioner submits that the allegation of making obscene video by the petitioner with his mobile has not been found to be substantiated during course of investigation. He submits that the petitioner is in custody since 07.12.2021, charge-sheet has already been filed, trial of the case will take time, he has no criminal antecedents and prayed for his release on bail.

(3.) Learned Public Prosecutor assisted by the learned counsel for the complainant opposing the bail application submitted that the prosecutrix has levelled specific allegation against the petitioner of subjecting her to rape and hence, he does not deserve indulgence of bail.