Khinya Ram vs State Of Rajasthan
2021 Latest Caselaw 8911 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 148/2021

Khinya Ram S/o Sh. Bhana Ram, Aged About 35 Years, B/c Gadoliya Lohar, R/o Hunawas Kalla, Jaitaran Police Station, Pali, Dist. Pali. (Confined In District Jail, Pali).

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Shobha D/o Sh. Roopa Ram, B/c Baori, R/o Hunawas Kalla, Jaitaran Police Station, Tehsil Jaitaran, Dist. Pali.

                                                                 ----Respondents


For Appellant(s)          :     Mr. D.S. Udawat
For Respondent(s)         :     Mr. Mohd. Javed Gouri, PP
                                Mr. Tarun Dhaka, for complainant.



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                 Judgment

06/04/2021

Heard. Perused the material available on record.

This appeal has been preferred on behalf of the appellant

under Section 14-A(2) of the SC/ST (Prevention of Atrocities)

Amendment Act 2015 being aggrieved of the order dated

05.01.2021 passed by learned Special Judge, SC/ST (Prevention

of Atrocities) Cases, Pali in Misc. Criminal Case No.12/2021

rejecting the bail application preferred on behalf of the appellant

who is in custody in connection with FIR No.174/2020, Police

Station Jaitaran, District Pali, for offences under Sections 406,

376, 366-A, 376(2)(n) and 120-B of the IPC and under Sections

3(1)(w-1), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

(2 of 2) [CRLAS-148/2021]

The prosecutrix is a major married woman, aged about 25

years. She admitted in her statement under Section 161 Cr.P.C.

that she and the appellant herein stayed as spouses. Having

regard to the overall facts and circumstances of the case, this

Court is of the opinion that the appellant is entitled to be released

on bail.

Consequently, the appeal is allowed. The order dated

05.01.2021 is set aside and it is ordered that the accused-

appellant Khinya Ram S/o Shri Bhana Ram arrested in connection

with FIR No.174/2020, Police Station Jaitaran, District Pali shall be

released on bail during pendency of the trial; provided he

furnishes personal bond of Rs.50,000/- and two surety bonds of

Rs.25,000/- each to the satisfaction of the learned trial court with

the stipulation to appear before that Court on all dates of hearing

and as and when called upon to do so.

(SANDEEP MEHTA),J 158-/Sudhir Asopa/-

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