HIRALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 517/2018 of Police Station Subhash Nagar, District Bhilwara for the offences punishable under Ss. 354, 376 IPC. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is argued that as a matter of fact the petitioner is about 61 years old, he is a retired employee from the BSNL and his daughter-in-law lodged false FIR against him alleging that the he committed rape upon her on 30/11/2018. It is submitted that it is impossible that in the presence of his son and wife, the petitioner could commit rape upon the complainant. Learned counsel has also submitted that the allegation of sexual assault has falsely been levelled against the petitioner because the complainant wants to extort money from him which he received after his retirement. It is submitted that the petitioner is in judicial custody and he is not required for further investigation and no recovery is yet to be made from him.