SANDEEP MEHTA,J. - (1.) HEARD learned counsel for the petitioner and learned Public Prosecutor. Perused the case diary.
(2.) THE present anticipatory bail application under Section 438 Cr.P.C. has been filed on behalf of the petitioner apprehending his arrest in connection with FIR No. 366/2012 registered at the Police Station. Hiranmagri, Dist. Udaipur for the oifences under Sections 384 and 376 IPC. The facts necessary for disposal of the bail application are enumerated herein below. The prosecutrix Mst. 'M' aged 28 years filed a written report with the S.H.O. Hiranmagri on 12.7.2012 with the allegations:- ...[VERNACULAR TEXT OMMITED]...
(3.) ON the basis of the said allegation, F.I.R. No. 66/2012 was registered and investigation commenced. Prior to filing of the report, the prosecutrix also filed and application with the State Women Commission in May, 2012 wherein also the allegation of prolonged physical relations with the petitioner was levelled. The complainant in her report as well as in the complaint submitted to the Women Commission has alleged that accused allegedly gave her some stupefying agent to drink alongwith water and then committed rape with her and thereafter also he continued to commit the acts of forcible intercourse with her after assuring her that they are husband and wife. She has further alleged that on coming to know that accused is married from before, she confronted him but he assured that he would still marry her. She has further alleged that the accused used to blackmail her by telling her that he had a blue film of her which he would make public. She has lastly stated that on 23.4.2012 the accused called her in the night at 11 and told her that he is going to Udaipur and that she should come there or else he would make public the blue film after which she filed the complaint with the Women Commission. When the prosecutrix was examined under Section 164 Cr.P.C she stated that the petitioner was a good teacher used to teach her at Bhinder. Thereafter she went to Udaipur for pursuing, further studies and stayed at Sector No, 6, Hiranmagri in a rented room. The petitioner allegedly came to her room and tried to develop intimacy with the prosecutrix. He also took a room on rent near the room of the prosecutrix. She has further alleged that the accused used to come to her room for studies and she also used to go to his room frequently. She has further stated that in July, 2005 in the noon at 1-11/2 the accused gave her water and tea after mixing some intoxicant therein. The prosecutrix has stated that she came to senses about four hours later and saw that her clothes were in a disheveled state and she was bleeding. When she accosted the accused with these facts, he allegedly admitted that he had established sexual relations with her whilst she was unconscious. She allegedly slapped the accused and went back to her roomi She has further alleged that the accused called her on phone and threatened her that he would circulate the blue film which he possessed. She has admitted that despite all these happenings whenever accused called her she used to go to him and the accused used to establish sexual relations with her despite her resistance sometime after a scuffle and sometimes by threatening to cut himself by knife. The prosecutrix further alleged that when she came to know that the accused is already married, she contracted him. The accused told her that he did not like his wife and wanted to marry her and thereafter both of them went to Neemach Marri and there the accused put Mangala Sutra in her neck. Thereafter the accused was selected in AIEEE Examination held at Jaipur in the year 2006. The accused took her to Jaipur and there they contacted sexual relations at the hotel. Thereafter also the accused used to come to Udaipur on every Saturday and Sunday and allegedly used to commit sexual intercourse with the prosecutrix. The prosuctrix thereafter was selected in B.Ed, in 2007 and went to Sirohi and the accused used to come to Sirohi also and took her to various hotels etc. where he used to have sexual intercourse with her. She went to Pushkar, Ajmer, Jaipur and Nathdwara with the accused where the accused established sexual relations with her. She has further stated that she told her brother about these facts in the year 2008 and her brother talked with the accused and his family members who apologized on behalf of the accused and the accused allegedly promised that he would destroy the blue film but thereafter again the accused started calling her on phone in the year 2009 and told her that he cannot live without her and she should come to him and ultimately she made a complaint to the Women Commission after coming to know that the accused had eloped with another girl. She has further stated that since the accused and his family members had apologized with her, therefore, the matter came to rest and she did not take any action against the accused but since accused persisted with his threats, she has filed the report.;