Rajasthan High Court - Jodhpur
Chatra Ram @ Akash vs State Of Rajasthan on 4 December, 2020
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
(1 of 3) [CRLAS-1012/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1012/2020
Dargaram S/o Shri Ratna Ram, Aged About 39 Years, Mohiwada,
P.S. Bhadrajun, Tehsil Ahore, District Jalore, Rajasthan.
(Presently Lodged In District Jail Jalore).
----Appellant
Versus
1. State, Through P.P.
2. Sona Kumari D/o Rajaram Ji, Mohiwada, P.s. Bhadrajun,
Tehsil Ahore, District Jalore, Rajasthan.
----Respondents
Connected With
S.B. Criminal Appeal No. 984/2020
Chatra Ram @ Akash S/o Bhika Ram, Aged About 25 Years,
Mohiwada, Bhadrajun Police Station, Tehsil Ahore, District Jalore.
(Confined In District Jail Jalore).
----Appellant
Versus
1. State Of Rajasthan, Through P.P.
2. Sona Kumari D/o Raja Ram, By Caste Sargara, R/o
Mohiwada, Bhadrajun Police Station, Tehsil Ahore, District
Jalore.
----Respondents
For Appellant(s) : Mr. Shambhoo Singh & Mr. Teja Ram,
through VC
For Respondent(s) : Mr. Vikram Singh, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 04/12/2020 The instant appeals have been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.134/2020, Police (Downloaded on 04/12/2020 at 08:38:56 PM) (2 of 3) [CRLAS-1012/2020] Station Bhadrajun, District Jalore qua the appellant No.1- Dargaram for the offences under Sections 354 and 376(1) of IPC & under Sections 3(2)(W)(I)(2) of SC/ST (Prevention of Atrocities) Act and qua the appellant No.2-Chatra Ram @ Akash offences under Sections 376(2)(n), 376/D, 354, 376(1) of IPC, under Sections 3(2)(v), 3(2)(w)(i)(ii) of SC/ST Act & under Section 67 of Information & Technology Act against the order dated 09.11.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jalore whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.
Heard learned counsel for the appellants and learned counsel for the complainant through video conferencing as well as learned Public Prosecutor, present in person.
Mr. Shambhoo Singh, learned counsel appearing for the appellant No.1-Dargaram stated that FIR was filed after a delay of four months; there was no satisfactory explanation of delay; prosecutrix having love affairs with co-accused Chatra Ram @ Akash; wrong allegation of rape was levelled against the appellant-Dargaram.
Mr. Teja Ram, learned counsel appearing for appellant No.2- Chatra Ram @ Akash stated that allegation of rape was made against the co-accused-Dargaram; photograps were taken by prosecutrix herself; there is relation of love and affairs; accused- appellant- Chatra Ram @ Akash was wrongly implicated in this case.
With the above submissions, both the learned counsel prayed that benefit of bail may be granted to the appellants.
Per contra, learned Public Prosecutor and learned counsel for the complainant opposed the bail application. Learned counsel for (Downloaded on 04/12/2020 at 08:38:56 PM) (3 of 3) [CRLAS-1012/2020] the complainant stated that by threatening and showing knife, gang rape was committed by accused-appellants which is supported by the statement of prosecutrix. As per Prosecution, alleged video was viral by accused-appellant- Chatra Ram @ Akash.
Perused the material available on record. Having regard to the facts and circumstances of the case, specially the photographs available on case diary, without expressing any opinion on the merits and demerits of the case, this Court is of the opinion that the appellants deserves to be enlarged on bail.
Consequently, the instant appeals are allowed. The impugned order dated 09.11.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jalore is set aside. It is ordered that the accused-appellant No.1-Dargaram S/o Shri Ratna Ram and appellant No.2-Chatra Ram @ Akash S/o Bhika Ram, arrested in connection with F.I.R. No. 134/2020, Police Station Bhadrajun, District Jalore shall be released on bail; provided each of them furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J 52-53-Arvind/-
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