Rajasthan High Court - Jodhpur
Mangal Singh vs State Of Rajasthan on 3 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 844/2021
Mangal Singh S/o Jangirsingh, Aged About 35 Years, Naiyawali 1
Nwm, Tehsil Anupgarh, District Sri Ganganagar At Present
Central Jail Sriganganagar
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Poonam W/o Kanwarsen, Naiyawali (1 Nwm) Tehsil
Anupgarh, District Sri Ganganagar
----Respondents
For Appellant(s) : Mr. SR Godara
For Respondent(s) : Mr. Arun Kumar, PP
For Complainant(s) : Mr. Awar Dan Ujjwal
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
03/12/2021
This criminal appeal under Section 14-A(2) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(hereinafter to be referred as 'the SC/ST Act') has been filed on
behalf of the appellant being aggrieved with the order dated
07.09.2021 passed by the Special Judge, SC/ST (Prevention of
Atrocities) Cases, Sriganganagar (hereinafter to be referred as
'trial court') in Criminal Misc. (Bail) Case No.330/2021 (CIS
No.552/2021) whereby, the trial court has dismissed the bail
application filed on behalf of the appellant.
The appellant has been arrested in FIR No.337/2020 of Police
Station Anoopgarh, Distt. Sriganganagar for the offences
(2 of 3) [CRLAS-844/2021]
punishable under Sections 450, 376 IPC and Sections 3(2)(V) of
SC/ST Act.
Learned counsel for the appellant has submitted that after
rejection of earlier criminal appeal of the appellant, statements of
the prosecutrix have been recorded before the trial court. It is
submitted that the prosecutrix (PW-1), in her cross examination,
has specifically admitted that as the appellant did not give her
money for her labour, she has filed this case against him. Learned
counsel for the appellant while inviting my attention towards the
cross examination of the prosecutrix has submitted that the
prosecutrix has admitted that on the day of incident, there was
marriage in her house and around two hundred fifty persons were
present there. Learned counsel has argued that in such fact
situation, it is difficult to comprehend that the appellant had
sexually assaulted the prosecutrix in the presence of several
persons. It is also argued that the appellant has falsely been
implicated in this case by the prosecutrix and her husband on
account of some money dispute.
Learned Public Prosecutor as well as learned counsel for the
complainant have opposed the prayer made on behalf of the
appellant in this criminal appeal.
Heard learned counsel for the parties and also perused the
material on record.
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to allow the appeal filed by the
appellant under Section 14-A(2) of SC/ST Act.
Accordingly, this criminal appeal filed under Section 14-A(2)
of SC/ST Act is allowed and the order dated 07.09.2021 passed by
(3 of 3) [CRLAS-844/2021]
the trial court in Criminal Misc. (Bail) Case No.330/2021 (CIS
No.552/2021) is set aside. It is directed that appellant - Mangal
Singh S/o Jangirsingh shall be released on bail in connection with
FIR No.337/2020 of Police Station Anoopgarh, Distt.
Sriganganagar provided he executes a personal bond in the sum
of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-
each to the satisfaction of learned trial court for his appearance
before that court on each and every date of hearing and whenever
called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
Surabhii/54-
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