BHOMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.43/2024 registered at Police Station Osian, Dist. Jodhpur Rural, for the offence under Sec. 384 of IPC. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) Learned counsel for the petitioner submitted that though the victim in her statements under Ss. 161 and 164 Cr.P.C. has alleged that she was subjected to sexual assault-rape by the present petitioner and co-accused Bhagwanaram on 27/11/2023 and 6/12/2023. However, after making a thorough investigation in the matter, the police did not find the allegations against the present petitioner to be correct. Drawing attention of the Court towards the challan papers submitted by the Investigating Agency before the competent criminal court, learned counsel submitted that the charge-sheet has been filed against the petitioner only for the offence under Sec. 384 IPC.

(3.) Learned counsel submitted that this Court vide order dtd. 6/5/2024 had directed the Investigating Officer to file an affidavit before this Court indicating as to how during the course of investigation he reached to the conclusion that the petitioner was not present at the crime scene when the victim was subjected to sexual assault-rape. Learned counsel further submitted that in compliance of the order dtd. 6/5/2024, an affidavit has been filed by the Investigating Officer explaining as to how he has reached to the conclusion that the victim was not subjected to sexual assault-rape by the present petitioner. Lastly, learned counsel submitted that no obscene videos or photographs allegedly used by the petitioner to blackmail the victim have been recovered by the Investigating Agency during the course of investigation; the petitioner has not even been charge-sheeted for the offences under Information and Technology Act, 2000; the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.