Bhawani Singh vs State Of Rajasthan
2021 Latest Caselaw 12585 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 592/2021

Bhawani Singh S/o Shri Prem Singh, Aged About 35 Years, B/c Rajput, R/o Village Bhawla, Ps Badi Khatu, District Nagaur. (Presently Lodged In Sub Jail Merta City)

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Smt. Leela W/o Dheera Ram, Aged About 40 Years, B/c Meghwal, R/o Egayasni, Ps Merta Road, District Nagaur.

----Respondents

For Appellant(s) : Mr. Sheetal Kumbhat For Respondent(s) : Mr. Laxman Solanki, PP Mr. Javed Khan

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

11/08/2021

This appeal has been preferred on behalf of the appellant

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

Atrocities) Amendment Act 2015 being aggrieved of the order

dated 01.04.2021 passed by learned Special Judge, SC/ST

(Prevention of Atrocities) Cases, Merta in Criminal Misc. Bail

Application No.68/2021 rejecting the bail application preferred on

behalf of the appellant who is in custody in connection with CR

No.131/2020, Police Station Merta Road for offences under

Sections 342, 366 and 376 IPC and Sections 3(1)(w) (ii) and 3(2)

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

I have heard and considered the submissions advanced by

counsel for the parties and perused the challan papers.

(2 of 2) [CRLAS-592/2021]

The prosecutrix is a major married woman, aged 40 years.

After going through her statement recorded under Section 164

Cr.P.C., the contention of the appellant's counsel that it is a case of

purely consensual relations between the appellant and the

prosecutrix is indeed plausible.

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

01.04.2021 is set aside and it is ordered that the accused-

appellant Bhawani Singh S/o Shri Prem Singh arrested in

connection with CR No.131/2020 Police Station Merta Road,

District Nagaur 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 187-Sudhir Asopa/-

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