Neela vs State Of Rajasthan
2021 Latest Caselaw 12515 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 634/2021

Neela W/o Bharat, Aged About 35 Years, R/o Narsana P.s. Sehara, District Panchmahal (Gujarat) (Petitioner Is Presently Lodged In Central Jail, Udaipur)

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Smt. Hakri Bai W/o Ishwar Lal, R/o Nala Chota, Police Station - Phalasiya, District Udaipur (Rajasthan)

----Respondents

For Appellant(s) : Mr. Rajendra Singh Rathore For Respondent(s) : Mr. A.R. Choudhary, 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

Smt. Neela under Section 14A(2) of the SC/ST (Prevention of

Atrocities) Amendment Act 2015 being aggrieved of the order

dated 15.07.2021 passed by learned Special Judge, SC/ST

(Prevention of Atrocities) Cases, Udaipur in CIS No.140/2021

rejecting the bail application preferred on behalf of the appellant

who is in custody in connection with FIR No.111/2021, Police

Station Phalasiya, District Udaipur, for offences under Sections 366

(2 of 2) [CRLAS-634/2021]

and 370 IPC and under Section 3(2)(va) of the SC/ST (Prevention

of Atrocities) Act.

The complainant was allegedly abducted and sold off to

Ganpat in the month of November, 2020. She escaped from the

clutches of Ganpat and returned home on 29.02.2021 and

disclosed all the circumstances to her husband and her parents.

However, the FIR came to be submitted in the month of June,

2021. She alleged in the FIR that Ganpat subjected her to rape

during this intervening period. The appellant is a woman.

Investigation and trial are likely to consume time.

Thus, 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

15.07.2021 is set aside and it is ordered that the accused-

appellant Smt. Neela W/o Shri Bharat arrested in connection with

FIR No.111/2021 Police Station Phalasiya, 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 155-Sudhir Asopa/-

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