BAL KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application Under Section 438 Cr. PC presents a sad tale of Mst. Chameli who lodged a report on June 19, 1985, alleging that her husband acts as a pimp and uses her for raising money and for this she is forced to share bed with those who can afford to purchase her flesh. She alleged, he has used her for nefarious activities ever since her marriage with him. She has named a number of persons in her statement which was recorded by City Magistrate. Alwar on June, 19, 1985, on being forwarded by the Superintendent of Police, Alwar. The FIR was recorded on the basis of the aforesaid statement which she gave on oath before the Magistrate which reveals the startling facts, the entire narration of which is not important for the decision of this bail application. But suffice it to say that lamenting, she narrated the details as to how she has been subjected to surrender herself for satisfying the lust, whim and wishes of several persons who could purchase her flesh. She went on to complain that her husband used to earn money through her and whenever she objected to surrender herself she was given beating. When it reached the climax she went to the Superintendent of Police, Alwar and narrated her sorrowful story on which, as mentioned aforesaid, her statements were recorded and the FIR taken down. A case was registered at police station Kotwali, Alwar for offence Under Section 376, 114 and 498A IPC.

(2.) In aforesaid report 8 persons have been named out of which 7 have been granted anticipatory bail by the learned Sessions Judge, Alwar, vide, order, dated July I, 1985, and two vide order, dated July 3, 1985. The learned Judge however rejected the bail of her husband who has moved the present application and this is how the matter has been brought to the notice of this Court.

(3.) It is submitted by the learned counsel for the petitioner that the case has been falsely foisted against his client because of one Suresh Punjabi who is in liason with his wife Mst. Chameli and in fact it is he who is, using her for earning money by black-mailing. It is alleged that Suresh Punjabi has taken certain nude photographs of his wife Chameli with 7 accused persons named in the report viz Sarva Shri M.L. Garg, Sardar Channi, V.K. Sharma, Harish Modi, Babu Lal Agarwal and Yogesh Mahavar and showed the same to him and threatened that in case he will raise his voice he will be killed. Thus it is submitted that the petitioner is, on the contrary, being tortured mentally and threatened physically as well. It is further submitted that according to her she been subjected to rape for last four years but she has never complained and this silence on her part shows that she was a willing party and the whole story has been subsequently made out. It is further submitted that a mere perusal of the FIR shows that the whole story is hollow and fake. It is further argued that since as many as 7 persons who had been named in the FIR and who had used Mst. Chameli for satisfying their lust for female flesh, have been -granted bail and his case falls on a better footing.