Rajasthan High Court - Jodhpur
Mayur vs State on 10 August, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 283/2021
Mayur S/o Kalu Lal @ Karu Lal, Aged About 21 Years, R/o Naval
Shayam Phala Phoota Talab Police Thana Bichiwada, Dist.
Dungarpur. (At Present Lodged In Dist. Jail, Dungarpur).
----Appellant
Versus
1. State, Through PP
2. Basanti D/o Ram Lal Baranda Meena, Aged About 21
Years, R/o Navvl Shayam Phala Bamdara Thana
Bichiwada Dist. Dungarpur.
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 561/2021
Diwan Singh @ Deepak S/o Kishore Singh Rathore, Aged About
19 Years, R/o Bodamali, P.s. Dhambola, Distt. Dungarpur (Raj.)
(At Present Lodged In District Jail Dungarpur)
----Appellant
Versus
1. State, Through PP
2. Basanti D/o Ramlal Baranda, R/o Nawalshyam Fla
Bamdara, P.s. Bichiwada, Distt. Dungarpur (Raj.)
----Respondents
For Appellant(s) : Mr. Jitendra Ojha
Mr. Arun Dadhich
For Respondent(s) : Mr. Mohd. Javed Gauri,PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
10/08/2021
Notices of both the appeals have been served upon the
respondent No.2. However, no one has appeared to oppose the
appeals on her behalf.
(2 of 3) [CRLAS-283/2021]
Heard. Perused the material available on record.
These two appeals have been preferred on behalf of the
appellants Mayur and Diwan Singh under Section 14A(2) of the
SC/ST (Prevention of Atrocities) Amendment Act 2015 being
aggrieved of the orders dated 26.02.2021 and 30.06.2021 passed
by learned Special Judge, SC/ST (Prevention of Atrocities) Cases,
Dungarpur in Criminal Misc. Case Nos.142/2021 and 388/2021
respectively rejecting the bail applications preferred on behalf of
the appellants who are in custody in connection with FIR
No.17/2021, Police Station Bichhiwara, District Dungarpur, for
offences under Sections 365, 376 and 344 IPC and under Sections
3 (1)(W) and 2(2)(va) of the SC/ST (Prevention of Atrocities) Act.
After considering the submissions advanced by learned
counsel for the appellants and learned Public Prosecutor, it is
apparent that the complainant is a major educated girl. The FIR
was lodged on 11.01.2021 in which she alleged that the appellants
herein forcibly abducted her on 19.11.2020. She was taken to
Ahmadabad on a motorcycle where she was kept in a building.
Mayur used to do labor job. Deepak left the place. Mayur used to
subject her to sexual intercourse every day. She managed to
escape on 08.01.2021 and came back to her village whereafter
the FIR came to be submitted.
Be that as it may. It is inconceivable as to why no family
member of the complainant, took any steps regarding her alleged
disappearance in the month of November, 2020. Manifestly, the
complainant herself was allegedly made to live in a building which
is in a thickly populated area. The appellant Mayur has specifically
come out with a case that he and the complainant were indeed in
a long-standing love affair.
(3 of 3) [CRLAS-283/2021]
In this background and having regard to the overall facts and
circumstances of the case, this Court is of the opinion that the
appellants deserve indulgence of bail in this case.
Consequently, both the appeals are allowed. The orders
dated 26.02.2021 and 30.06.2021 are set aside and it is ordered
that the accused-appellants (1) Mayur S/o Shri Kalu Lal @ Karu
Lal and (2) Diwan Singh @ Deepak S/o Shri Kishore Singh Rathore
arrested in connection with FIR No.17/2021 Police Station
Bichhiwara, District Dungarpur shall be released on bail during
pendency of the trial; provided each of them 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
148-Sudhir Asopa/-
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