Vikram vs State Of Rajasthan
2021 Latest Caselaw 12587 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 569/2021

Vikram S/o Virsang Thakor, Aged About 26 Years, Ramgarh, P.s. Vadnagar, Dist. Mehsana (Gujarat). (Presently Lodged At Central Jail, Udaipur).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Devi Lal S/o Bhika, Dhadmariya, Kotra, Dist. Udaipur (Raj.).

3. Girja D/o Devi Lal, Dhadmariya, Kotra, Dist. Udaipur (Raj.).

----Respondents

For Appellant(s) : Mr. Rajendra Singh Rathore For Respondent(s) : Mr. Laxman Solanki, P.P.

Mr. J.V.S. Deora

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

11/08/2021

Heard learned counsel for the appellant, learned Public

Prosecutor, learned counsel for the complainant and perused the

material available on record.

The instant appeal has been filed under Section 14-A

SC/ST (Prevention of Atrocities) Act on behalf of the appellant,

who is in custody in connection with F.I.R. No.160/2020 registered

at the Police Station Kotra, District Udaipur for the offences under

Sections 370-A, 120-B and 376 IPC and Section 3(2)(5) of the

SC/ST Act, against the order dated 26.05.2021 passed by the

learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases,

Udaipur in Criminal Misc. Case No.985/2021, whereby the bail

(2 of 3) [CRLAS-569/2021]

application preferred under Section 439 Cr.P.C. on behalf of the

appellant was rejected.

I have heard and considered the submissions advanced

by learned counsel Mr. Rajendra Singh Rathore, representing the

appellant, learned Public Prosecutor and Mr. J.V.S. Deora,

representing the complainant, and have gone through the material

available on record.

The prosecutrix Mst. 'G' was allegedly abducted from

her father's house by one Amrit in the month of September 2020.

The FIR came to be registered in the month of November 2020 by

Devilal alleging that his daughter was abducted by Amrit and she

was taken to Gujarat and he thereafter subjected her to rape for

10-15 days. Amrit was apprehended by the police, on which, Mst.

'G' was left to fend for herself. Co-accused Nuriya, his wife and

daughter Kali came and took Mst. 'G' to Ramgarh and allegedly

sold her to the appellant herein, who also subjected her to rape.

However, there are available on record photographs of marriage

ceremony of the appellant with the prosecutrix. The petitioner

himself has filed a report to the SHO, Police Station Vadnagar

alleging that the parents of the girl approached him in the month

of November 2020 and married the girl to him after taking money.

At that time, the girl's name was given out to be Parul. The girl,

however, ditched him and went away in a clandestine manner.

Thus, the appellant himself has taken a defence of being cheated

into the marriage with the prosecutrix. Admittedly, the

prosecutrix came back from Gujarat in the month of October

2020, but despite available opportunities, the FIR came to be

lodged after a gross delay.

(3 of 3) [CRLAS-569/2021]

In this view of the matter and having regard to the over

all facts and circumstances of the case, this Court is of the opinion

that the appellant deserves indulgence of bail and thus, the order

rejecting the application for bail filed on behalf of the appellant

cannot be sustained.

Consequently, the instant appeal is allowed. The

impugned order dated 26.05.2021 passed by the learned Special

Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in

Criminal Misc. Case No.985/2021 is set aside. It is ordered that

the accused-appellant Vikram S/o Virsang Thakor arrested in

connection with F.I.R. No.160/2020 registered at the Police Station

Kotra, District Udaipur shall be released on bail; provided he

furnishes a 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

186-Pramod/-

Powered by TCPDF (www.tcpdf.org)