JALA RAM 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.03/2024, registered at Police Station Mata Ka Than, District Jodhpur City (East), for offences under Ss. 354 and 376 IPC.

(2.) Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

(3.) Learned counsel for the petitioner submitted that the prosecutrix who is a mature married woman has falsely implicated the present petitioner in a criminal case. Learned counsel submitted that as per prosecutrix, on 4/1/2024, the petitioner subjected the prosecutrix to forcible sexual assault-rape. Drawing attention of the Court towards the statements of the prosecutrix recorded under Sec. 164 Cr.P.C., learned counsel submitted that the prosecutrix in her statements has admitted that she was aquainted with the petitioner from before. As per prosecutrix, petitioner had captured certain photographs of the prosecutrix and thereafter started threatening her to make them viral. He had also forced the prosecutrix to talk to him. Drawing attention of the Court towards challan papers, learned counsel submitted that no photographs of the prosecutrix allegedly used by the petitioner for threatening her, have been recovered by the investigating agency.