LOKESH HADA @ GILLU BANA 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. 488/2015, registered at Police Station Anantpura, Kota City, District Kota, for the offences under Sections 363, 366, 376 I.P.C. and Sections 3/4 of Protection of Children from Sexual Offences Act.

(2.) The learned counsel for the petitioner has read the statement of the prosecutrix (name withheld to protect her identity) recorded under Section 164 Cr.P.C. The prosecutrix in her statement has stated that she knew the accused for the last two years. The accused had provided her mobile phone. On 27.11.2015, the accused came to the coaching centre of the prosecutrix and told her that he is having her video and by giving this threat, he took her on his motorcycle. They reached Patwa, where they sold jewellery and then came to Tonk; from Tonk to Jaipur; from Jaipur they came to Delhi, where the accused committed wrong act with the prosecutrix. Thereafter, they came to Jaipur. Thereafter, the accused took the prosecutrix from Jaipur to Bikaner, Ajmer and Indore. At Indore, they stayed in hotel. In hotel, accused established physical relationship for 2-3 times.

(3.) The learned counsel for the petitioner has stated at Bar that no video has been recovered from the petitioner. The learned counsel for the petitioner has further contended that the prosecutrix had eloped with the petitioner and had accompanied him to various places.