Akbar Khan vs State
2021 Latest Caselaw 12509 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 642/2021

Akbar Khan S/o Jumm Khan, Aged About 34 Years, Posal, Bamarla, P.s. Sedwa, Dist. Barmer (At Present Lodged In Dist. Jail, Barmer).

----Appellant Versus

1. State, through PP

2. Khetu W/o Chetan Ram, B/c Bheel, R/o Bamarla P.s.

Sedwa Dist. Barmer.

----Respondents

For Appellant(s) : Mr. Vikas Vishnoi For Respondent(s) : Mr. A.R. Choudhary, PP Mr. Hapuram for complainant

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

10/08/2021

Heard. Perused the material available on record.

This appeal has been preferred on behalf of the appellant

Akbar Khan under Section 14A(2) of the SC/ST (Prevention of

Atrocities) Amendment Act 2015 being aggrieved of the order

dated 28.07.2021 passed by learned Special Judge, SC/ST

(Prevention of Atrocities) Cases, Barmer in Criminal Misc. Case

No.135/2021 rejecting the bail application preferred on behalf of

the appellant who is in custody in connection with FIR

No.86/2021, Mahila Police Station, District Barmer, for offences

under Sections 450, 376 (1) IPC and Sections 3(2)(va) and 3(2)

(va) of the SC/ST (Prevention of Atrocities) Act.

(2 of 2) [CRLAS-642/2021]

The prosecutrix is a major married woman. It is contended

that a case of purely consensual sexual relations has been given

twist of rape because of the pressure of the family members. It is

also stated that the parties have arrived at a compromise.

Learned counsel Shri Hapuram representing the complainant

does not dispute these submissions.

In this background and having regard to the overall facts and

circumstances of the case, this Court is of the opinion that the

appellant deserves indulgence of bail in this case.

Consequently, the appeal is allowed. The order dated

28.07.2021 is set aside and it is ordered that the accused-

appellant Akban Khan S/o Shri Jumma Khan arrested in

connection with FIR No.86/2021 Mahila Police Station, District

Barmer 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 156-Sudhir Asopa/-

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