SAHIRAM Vs. STATE

JUDGEMENT

(1.) Heard.

(2.) The instant bail application under Section 438 CrPC has been moved by petitioner accused Sahiram apprehending arrest in connection with FIR No.111/2016 registered at Police Station Sri Balaji. The FIR came to be lodged by the complainant Sushri 'S', wife of Subhash Bishnoi at the Police Station Sri Balaji on 08.08.2016. The lady alleged in the FIR that she was married to Subhash Bishnoi in her childhood. For the last four years, she has been living at her matrimonial home. Her husband was working in RAC. She used to live at her matrimonial home with her father- in-law and mother-in-law. Her mother-in-law recently passed away about 20-25 days before lodging of the FIR. She alleged that her husband was not maintaining any kind of relations with her for last one and half years. About a year ago, she had gone to the 'bada' for attending the nature's call and spotting her alone, accused Kailash took advantage and subjected her to rape. He also snapped her indecent photographs and threatened that if the incident was disclosed to anybody, the photographs would be made viral. Three months later, while her mother-in-law had gone to her paternal home; her father-in-law had gone to attend a marriage and her husband was at Jodhpur, taking advantage of this situation, the present petitioner and Subhash, who works in Police, came there and showed her the photographs snapped by Kailash. She was also threatened on gunpoint and the present petitioner as well as Subhash subjected her to rape one after the other. They also snapped pictures of each other having sexual relations with the lady and then threatened her and went away. Thereafter, Kailash, Sahi Ram and Subhash often subjected her to rape. In the month of January, just after she had completed her periods, Sahiram subjected her to rape, on which she conceived. After two months she told this fact to her sister Kavita, who was married to her Jeth Rajaram. Kavita warned her that in case she discussed with anybody about the incident, she might be turned out of the matrimonial home. When she became seven months pregnant, she somehow mustered courage to tell her husband of the incident, upon which, the FIR came to be lodged.

(3.) Initially, the FIR was registered against Sahiram, Kailash and Subhash. However, after conducting thorough Investigation, the Investigating Officer has reached to a cetegoric finding that accused Subhash and Kailash had been falsely implicated in this case. The DNA report of the foetus carried by the prosecutrix has matched with the petitioner's DNA. Apprehending arrest in connection with the above FIR, the petitioner approached the Court of Sessions Judge, Nagaur for grant of pre-arrest bail by filing an aplication under Section 438 CrPC, which came to be rejected on 18.01.2018 and hence, this pre-arrest bail application.