Anda Ram vs State Of Rajasthan

Dinesh Mehta, J

This application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’) in connection with FIR No.190/2023, registered at Police Station Mahila Thana (Barmer), District Barmer for the offences under Sections 450, 376(2)(n) and 506 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’).

Learned counsel for the applicant submitted that the physical relationship between the applicant and the prosecutrix (if any) was of consent.

Learned counsel contended that the FIR in question has been lodged vindictively when the family members of the prosecutrix learnt about their relationship.

Learned Public Prosecutor vehemently opposed the bail application.

Heard learned counsel for the parties and perused the material available on record, including the analysis of the CDR of mobile numbers of the applicant and the prosecutrix.

On perusal of the facts on record, the statement of prosecutrix recorded under Sections 161 and 164 of the Cr.P.C. and the CDR of mobile numbers, it is apparent that between 01.05.2023 to 14.12.2023, the applicant and the prosecutrix had telephonic conversation on 605 occasions. That apart, charge-sheet has been filed and no investigation remains to be made. Hence, this Court is inclined to grant bail to the applicant, who is behind the bars since 19.12.2023.

Consequently, the bail application filed under Section 439 of the Cr.P.C. is allowed. The applicant - Anda Ram S/o Padma Ram arrested in connection with FIR No.190/2023, registered at Police Station Mahila Thana (Barmer), District Barmer shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/-and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.