KAPIL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present application has been filed under Section 439 Cr.P.C. for grant of a regular bail to the petitioner in a case arising out of FIR No. 594/2014, registered at Police Station Jawahar Circle, District Jaipur, for offences under Sections 376, 354 IPC.

(2.) Learned counsel for the petitioners has read the statement of the prosecutrix recorded by the trial court. Prosecutrix has stated that on 10.2.2010 she was undertaking tuition from Kapil Sharma. Kapil Sharma for the first time had committed rape in the year 2010 and their sexual relationship continued till 2012. She has further stated that the petitioner No. 2 Vikas @ Sonu had promised to marry her and on this pretext had established physical relationship. The prosecutrix has stated that both the accused had made her obscene video and therefore, he had not made any complaint to anybody. Learned counsel submitted that no such video was recovered by the investigating agency. In cross-examination the prosecutrix has stated that she was constantly in touch with accused on mobile phone. She has further admitted that she used to go along with the accused to hotels and to watch movies and she had not informed regarding factum of rape to the parents or to any other person.

(3.) Considering that the prosecution had visited with the accused at public places and there was continuous sexual relationship for a long period, without commenting on the merits of the case, this court is of the view that continuous detention of the petitioners as under trial is not warranted especially when the learned counsel for the petitioners has submitted that only three witnesses have been examined and remaining ten witnesses are yet to be examined.