Rajasthan High Court - Jodhpur
Anil vs State Of Rajasthan on 19 September, 2018
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1065/2018
Anil S/o Sh. Shyamsundar, Aged About 23 Years, B/c Bhargav
Rawat, R/o Lane Opp. Shani Mandir, Near Rohit Ice Cream
Factory Napasar, Presently R/o Tenant Near Cinemagic Hall,
Choudhary Colony, P.s. Gangasheher Bikaner. (Lodged In Central
Jail, Bikaner)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Abhishek Mehta
For Respondent(s) : Mr. R.K. Bohra, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 19/09/2018 Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.
The appellant has been arrested in FIR No. 159/2018 of Police Station, Naya Shahar, District Bikaner for the offences punishable under Sections 376-D, 382 read with Sections 34 and 120-B of IPC and Sections 3(1)(W)(i) and Section 3(2) (5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. She has preferred this criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2 of 3) [CRLAS-1065/2018] Learned counsel for the appellant submits that appellant has falsely been implicated in this case. It is also submitted that after rejection of the bail application of the co-accused- Haider Ali by this Court, prosecutrix has already sworn an affidavit, wherein, she has specifically stated that the appellant has not committed rape upon her. Learned counsel for the appellant has invited attention of this Court towards the statement of husband of the prosecutrix recorded under Section 161 Cr.P.C., wherein he has stated that her wife has filed a rape case against his neighbour in the village around six and seven months back and got the matter compromised after receiving Rs.1.25 lac. It is also submitted that the conduct of the prosecutrix and her husband is of filing false rape cases and thereafter to withdraw them after taking money. It is also submitted that in the statement recorded under Section 164 Cr.P.C., prosecutrix has levelled allegation of rape against owner of the house and not against the appellant but the trial court has misread the same while rejecting the bail application of the appellant.
Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) (3 of 3) [CRLAS-1065/2018] of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Accordingly, this criminal appeal filed under Section 14- A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is allowed and it is directed that appellant - Anil S/o Sh. Shyamsundar shall be released on bail in connection with FIR No. 159/2018 of Police Station, Naya Shahar, District Bikaner provided he/she/they execute(s) a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his/her/their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J Taruna Powered by TCPDF (www.tcpdf.org)