NAVEEN SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant bail application has been filed under Sec. 439 Cr.P.C. on behalf of accused-applicants Naveen Soni Son Of Shri Bishan Soni. The applicant was arrested in connection with FIR No.133/2022 registered at Police Station Kishangarh District Ajmer for the offence(s) under Ss. 354(D), 384, 504, 506, 376/511, 376 of IPC and Sec. 67 of IT Act.

(2.) Learned counsel for the accused-applicant submits that the victim in question is a major lady of 24 years who was divorced in the year 2016. Counsel further submits that the alleged incident occurred on 21/11/2021. Whereas, the first FIR was filed on 26/4/2022 wherein there was no allegation of committing rape. It was on 9/5/2022 that another complaint was filed wherein the allegations of rape were specified. Counsel further submits that as per the statements recorded under Sec. 164 Cr.P.C., it is an admitted fact that the applicant and the complainant were in a close relationship for a period of past 4 years. It is on account of a certain dispute that the complainant has filed the present FIR and the applicant has been falsely implicated in the matter. Chargesheet has been filed. Counsel further submits that no purpose will be solved, if the applicant is kept behind the bars.

(3.) Per contra, learned Public Prosecutor has vehemently opposed the bail application and has submitted that a case under Sec. 61, 67 of the IT Act is made out. The complainant has also attempted suicide on account of physical and mental harassment.