Rajasthan High Court - Jodhpur
Vinod Prajapat vs State on 23 March, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 167/2021
Vinod Prajapat S/o Shri Mangi Lal Prajapat, Aged About 28
Years, By Caste Kumhar, R/o Kotdi, Manda, Tehsil Sitamau,
Police Station Nahargarh, Mandsaur, Madhyapradesh. (At Present
Lodged In Central Jail Udaipur).
----Appellant
Versus
1. State, Through P.P
2. Smt. Kalabai W/o Narayan Lal Meghwal, Limboda, Police
Station Ghantali, District Pratapgarh.
----Respondents
For Appellant(s) : Mr. Ram Singh Rawal
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
23/03/2021
Learned Public Prosecutor has placed on record the report
regarding service of notice of appeal upon the
complainant/respondent No.2. However, no one has appeared on
her behalf despite service.
Heard. Perused the material available on record.
This appeal has been preferred on behalf of the appellant
under Section 14A(2) of the SC/ST (Prevention of Atrocities)
Amendment Act 2015 being aggrieved of the order dated
03.02.2021 passed by learned Special Judge, SC/ST (Prevention
of Atrocities) Cases, Udaipur in Misc. Criminal Case No.24/2021
rejecting the bail application preferred on behalf of the appellant
who is in custody in connection with FIR No.431/2021, Police
(2 of 3) [CRLAS-167/2021]
Station Hiranmagri, District Udaipur, for offences under Section
376 of the IPC and under Section 3(2)(va) of the SC/ST
(Prevention of Atrocities) Act.
Learned counsel Shri Rawal submits that the complainant as
well as the prosecutrix were admitted in the hospital for
treatment. There consensual relations were established between
them. The FIR came to be submitted after a gross delay of eight
months. He thus, craves indulgence of bail in this case.
Per contra, learned Public Prosecutor has vehemently and
fervently opposed the submissions advanced by appellant's
counsel.
The prosecutrix is a major married woman, aged about 26
years. She claims to be admitted in Kanak Hospital, Udaipur from
29.01.2020 to 24.04.2020. During this period, the appellant was
also admitted there and in the intervening period, sexual relations
were allegedly established between them. The prosecutrix went to
the extent of stating that her husband was not taking care of her
and the appellant offered to keep her as his wife. Be that as it
may. Having regard to the overall facts and circumstances of the
case, this Court is of the opinion that the appellant is entitled to
be released on bail.
Consequently, the appeal is allowed. The order dated
03.02.2021 is set aside and it is ordered that the accused-
appellant Vinod Prajapat S/o Shri Mangi Lal arrested in
connection with FIR No.431/2021 Police Station Hiranmagari,
District Udaipur 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
(3 of 3) [CRLAS-167/2021]
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
228-Sudhir Asopa/-
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