Dinesh Mehta, J
1. The present bail application has been filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail in connection with FIR No. 608/2023 registered at Police Station Udaimandir, District Jodhpur City (East) for the offences under Sections 376, 376/511 and 506 of Indian Penal Code.
2. Learned counsel for the applicant argued that on the basis of allegations levelled in the First Information Report no offence under Section 376 of IPC is made out, inasmuch as there is complete absence of assertion about any forceful sexual act. Learned counsel submitted that the investigating officer is treating the applicant guilty for the offence under Section 376 of IPC without any reason and rhyme and therefore, the applicant, who is behind the bars since 22.12.2023 be enlarged on bail.
3. Learned Public Prosecutor vehemently opposed the bail application.
4. Learned counsel was also not in a position to satisfy the Court about the offence (if any) made out under Section 376 of IPC.
5. Heard learned counsel for the parties and perused the case diary carefully.
6. If the contents of the First Information Report and the statement of the prosecutrix recorded under Section 161 Cr.P.C. are read, there is no assertion about the sexual assault. In both, the written report and the statements recorded under Sections 161 and 164 Cr.P.C., the prosecutrix has alleged that when she went with the applicant in a room of Raj Hotel, he mixed some substance in cold drink and served her, whereafter she got unconscious and when she got up, she found herself in the room and apprehended that some untoward act has been done with her.
7. The prosecutrix has stated that the applicant had taken her to Raj Hotel and Nirali Dhani, but there is no assertion of sexual assault at both these places.
8. The investigating officer present in the Court has stated that in the mobile phone, which was recovered from the applicant, no video or objectionable material was found. So far as prosecutrix's allegation that the applicant had taken her photos in Raj Hotel is concerned, he submitted that some objectionable photographs of the applicant and the prosecutrix were found.
9. On surfing through the record so far made available, this Court does not find any reason to infer that the applicant has committed any sexual assault or rape upon the prosecutrix.
10. Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Pankaj Deora S/o Shri Kishore Ram arrested in connection with the FIR No. 608/2023 registered at Police Station Udaimandir, District Jodhpur City (East) 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.
11. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
12. 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.
