KESARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) The petitioners have been arrested in FIR No. 120/2018 of Police Station Bagoda, Distt. Jalore for the offences punishable under Ss. 143, 323, 342, 354 and 376/511 IPC. They have preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that in the FIR, the complainant has alleged that the petitioners along with other persons attempted to commit rape upon her and had also taken away Rs.5000.00 from Kesaram. It is submitted that after thorough investigation, the police found the allegations of attempt to commit rape and theft as false. Learned counsel for the petitioners has further submitted that the petitioners have falsely been implicated in this case because the petitioners along with some other persons had seen the complainant and Kesaram in a compromising position and when they followed them, they protested and on account of that, the petitioners along with other persons had stopped and slaped them but did not commit rape upon the complainant. It is also submitted that the petitioners are in judicial custody and investigation from them has already been completed.