Himmat Singh vs State
2021 Latest Caselaw 12510 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 547/2021

Himmat Singh S/o Vijay Singh @ Hari Singh, Aged About 27 Years, Bagadiya, Police Station Rohat, Dist. Pali (Raj.). (Petitioner Is Presently Lodged At Central Jail, Udaipur).

----Appellant Versus

1. State, Through PP

2. Shanti Lal Garasiya S/o Mannaji Garasiya, Javariya, Jhadol, Police Station Ogana, Dist. Udaipur (Raj.).

----Respondents

For Appellant(s) : Mr. Rajendra Singh Rathore For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

10/08/2021

Notice of the appeal has been served upon the respondent

No.2. However, no one has appeared to oppose the appeal on her

behalf.

Heard. Perused the material available on record.

This appeal has been preferred on behalf of the appellant

Himmat Singh under Section 14A(2) of the SC/ST (Prevention of

Atrocities) Amendment Act 2015 being aggrieved of the order

dated 11.06.2021 passed by learned Special Judge, SC/ST

(Prevention of Atrocities) Cases, Udaipur in Criminal Case

No.1169/2021 rejecting the bail application preferred on behalf of

the appellant who is in custody in connection with FIR

No.32/2021, Police Station Ogana, District Udaipur, for offences

under Sections 363, 366, 376 and 370 IPC and under Section 3(2)

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

(2 of 2) [CRLAS-547/2021]

Learned Counsel Shri Rathore submits that as a matter of

fact the victim has married the appellant of her own free will and

volition and hence, no prima facie offence is made out against the

appellant. He thus, urges that the appellant deserves indulgence

of bail in this case.

Learned Public Prosecutor has vehemently and fervently

opposed this bail appeal application. However, he too is not in a

position to dispute the fact that the Investigating Officer has found

the victim Mst. 'L' to be major after thorough investigation. Upon

being examined under Section 161 Cr.P.C as well as under Section

164 Cr.P.C.,the victim categorically stated that she has married the

appellant and is living with him as his wife of her own free will and

volition.

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

11.06.2021 is set aside and it is ordered that the accused-

appellant Himmat Singh S/o Shri Vijay Singh @ Hari Singh

arrested in connection with FIR No.32/2021 Police Station Ogana,

District Udaipur shall be released on bail during pendency of the

trial; provided she 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 150-Sudhir Asopa/-

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