RAHUL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with C.R. No. 180/2022 (Sic 180/2021), Police Station Nana, District Pali, registered for the offences punishable under Ss. 376, 506, 384 of the Indian Penal Code.

(2.) Heard learned counsel for the petitioner, learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant. Perused the material available on record.

(3.) Learned counsel for the petitioner stated that earlier one Criminal Misc. Petition under Sec. 482 Cr.P.C. has been filed by the accused-petitioner, registered as S.B. Criminal Misc. (Pet.) No. 7042/2021 titled as "Rahul Vs. State of Rajasthan" and that case, a co-ordinate Bench of this Court vide order dtd. 28/1/2022, liberty was granted to the accused-petitioner that the petitioner shall file all relevant documents including the call details, messages exchanged with the complainant, to the I.O. who shall confront the complainant with the tenor of the messages exchanged between her and the accused. Legal opinion of the ADP concerned shall be taken after collecting all this material and a detailed factual report will be submitted for the Court's perusal on the next date of hearing. Till then, charge-sheet shall not be filed in this case; that in compliance of the order dtd. 28/1/2022 passed by the co-ordinate Bench of this Court, the accused-petitioner has submitted all the relevant documents to the concerned Investigating Officer and this facts has been verified by the learned Public Prosecutor that all the documents have been received by the concerned Investigating Officer but no investigation has been conducted on the basis of the documents submitted by the accused-petitioner; that the next date of hearing in that Criminal Misc. Petition is 22/3/2022. Learned counsel for the accused-petitioner stated that the petitioner is a 24 years old young boy; that the prosecutrix "B" is a 32 old married lady; that as per the prosecution, incident in question has been taken place on 15/10/2021; that the FIR has been lodged on the very next day at around 10:16 pm on 16/10/2021; that the accused-petitioner is in custody since the date of his arrest (i.e. 17/1/2022). Learned counsel also stated that as per the call detail report and whatsapp chattings exchanged between the prosecutrix "B" and the accused-petitioner, she herself was ready to leave the matrimonial home; that there is relationship of love and affairs between the petitioner and the prosecutrix. Learned counsel also stated that when the prosecutrix was caught in awkward position with the accused-petitioner by her brother-in-law and father-in-law, accused-petitioner has falsely been implicated in this case; and that the trial will take time, therefore, benefit of bail may be granted to the accused-petitioner.