Oma Ram vs State Of Rajasthan
2021 Latest Caselaw 8027 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 130/2021

Oma Ram S/o Kumbha Ram, Aged About 26 Years, Qyar Charnan, Tehsil Pachpadra, District Barmer. (At Present Lodged In Sub Jail Balotra).

----Appellant Versus

1. State Of Rajasthan, Through P.P.

2. Tijodevi W/o Hukma Ram D/o Shri Jagdish, Goliya, Araba, Patodi, Police Station Pachpadra, Barmer.

                                                                ----Respondents


For Appellant(s)         :     Mr. Pradeep Shah
For Respondent(s)        :     Mr. S.S. Rajpurohit, PP
                               Mr. Gopal Singh Bhati for complainant



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

23/03/2021

Heard learned counsel for the appellant, learned Public

Prosecutor and learned counsel for the complainant. Perused the

material available on record.

The instant appeal has been filed under Section 14A(2)

SC/ST (PA) Act on behalf of the appellant, who is in custody in

connection with F.I.R. No.206/2020, Police Station Pachpadra,

District Barmer for the offences under Sections 365 and 376(2)(N)

of the IPC and Sections 3(1)(D)(GHA)(B), 3(2)(va) of the SC/ST

(Prevention of Atrocities) Act against the order dated 27.01.2021

passed by the Special Judge, (Prevention of Atrocities) Cases,

Balotra whereby, the bail application preferred under Section 439

Cr.P.C. on behalf of the appellant was rejected.

(2 of 3) [CRLAS-130/2021]

The prosecutrix Mst. 'N' is a major married women. She went

missing from her matrimonial home on which, her husband Shri

Hukma Ram lodged a Missing Person Report No.07/2020 at the

Police Station Pachpadra. The lady was traced out and her

statement was recorded in connection with the said Missing Person

report in which, she stated that her husband was a drunkard and

thus the matrimonial relations became strain. Thereafter, she got

into an affair with the present appellant. She went at her father's

house on 06.09.2020 from where, she called the appellant and

instructed him to reach Balotra court. She reached Balotra court

where Oma Ram met her. They got some documents drafted and

then went to Mohangarh, Jaisalmer where they took a room on

rent. There she and Oma Ram established consensual sexual

relations.

In this view of the matter, there is a significant doubt on the

changed version of alleged rape set out in the FIR lodged by the

complainant at the Police Station Pachpadra on 11.09.2020.

Thus, having regard to the entirety of facts and

circumstances as available on record and upon a consideration of

the arguments advanced at the bar, this Court is of the opinion

that the order rejecting the application for bail filed on behalf of

the appellant, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned

order dated 27.01.2021 passed by the Special Judge, Balotra is

set aside. It is ordered that the accused-appellant, Oma Ram S/o

Kumbha Ram arrested in connection with F.I.R. No.206/2020,

Police Station Pachpadra, District Barmer, 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

(3 of 3) [CRLAS-130/2021]

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

225-Devesh Thanvi/-

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