Dinesh vs State
2021 Latest Caselaw 8047 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 79/2021

Dinesh S/o Late Shri Virsang Bhai Choudhary (Patel), Aged About 34 Years, Karnala, Police Station Vadgaon, District Banaskantha (Gujrat). (Presently Detained In Central Jail, Udaipur).

----Appellant Versus

1. State, Through P.p.

2. Smt. Krishna Devi W/o Shri Suresh Kumar, Aged About 23 Years, Garanwas Fala, Ambaveli Thana Phalasiya, Jhadol District Udaipur.

----Respondents Connected With S.B. Criminal Appeal (Sb) No. 969/2020 Mukesh S/o Poona Nanma, Aged About 35 Years, Mal, Police Station Panarwa, District Udaipur (Rajasthan). (Presently Lodged In District Jail Udaipur).

----Appellant Versus

1. State, Through P.p.

2. Smt. Krishna Devi W/o Suresh Kumar, Aged About 23 Years, Garanwas Fala Ambveli, Police Station Phalasiya, Tehsil Jhadol, District Udaipur (Rajasthan).

                                                                 ----Respondents


For Appellant(s)           :    Mr. Jhamak Nagda
                                Mr. Dashrath Singh Rathore
For Respondent(s)          :    Mr. Sumer Singh Rajpurohit, P.P.



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                 Judgment

23/03/2021

Heard learned counsel for the appellants, learned Public

Prosecutor and perused the material available on record.

The instant appeals have been filed under Section 14-

(2 of 4) [CRLAS-79/2021]

A(2) SC/ST (Prevention of Atrocities) Act on behalf of the

appellants Dinesh S/o Late Shri Virsang Bhai Choudhary (Patel)

and Mukesh S/o Shri Poona Nanama, who are in custody in

connection with F.I.R. No.122/2020 registered at the Police Station

Phalasiya, District Udaipur for the offences under Sections 366,

370, 344, 376 IPC and Section 3(2)(V) of the SC/ST Act, against

the orders dated 15.12.2020 and 06.11.2020 passed by the

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

Udaipur in Criminal Misc. Case Nos.198/2020 and 161/2020

respectively, whereby the bail applications preferred under Section

439 Cr.P.C. on behalf of the appellants were rejected.

Learned Public Prosecutor has placed on record the

receipt of the notices served upon Shri Suresh Kumar, husband of

the prosecutrix. However, no one has appeared on her behalf to

oppose the appeal.

A perusal of the challan papers indicates that the

prosecutrix Mst. 'K' is a major woman aged about 23 years. She

lodged a criminal case through a complaint submitted to the

Dy.S.P., Jhadol on 08.09.2020, wherein allegation is levelled that

the complainant had gone to Sarsoi Hospital on 16.09.2020 at

09.00 a.m. for the treatment of her daughter. While she was

returning in the afternoon at about 04.00 p.m., an Alto car came

near her, wherein Banshilal, Mohini Devi, Sushial Devi and Mukesh

Kumar were present. They pulled the complainant into the car

and threatened that if she shouted, she would be killed. Then she

was sold off to Dinesh Kumar, who used to indulge in sexual

intercourse with her under a threat that if she made a complaint,

(3 of 4) [CRLAS-79/2021]

she would be killed. She got an opportunity and called her

husband Suresh on mobile. Suresh came down to save her with

the police on 08.10.2019. She alleged that she went to the Police

Station Phalasiya on 21.10.2019 to report the matter, but action

was taken on her complaint.

On a perusal of the entirety of the facts and

circumstances as available on record, it is apparent that Suresh,

husband of the prosecutrix, did not allege that any policeman was

accompanying him when he allegedly saved his wife from the

clutches of the accused. The story put forth by the complainant

that she was abducted by the accused persons is prima facie

doubtful because her daughter was also present when the alleged

incident dated 16.09.2020 took place. The complainant did not

state anything about the fate of the child. Be that as it may. The

trial of the case is likely to consume time.

In this background and 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 appellants deserve indulgence of bail and

thus, the orders rejecting the applications for bail filed on behalf of

the appellants cannot be sustained.

Consequently, the instant appeals are allowed. The

impugned orders dated 15.12.2020 and 06.11.2020 passed by the

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

Udaipur in Criminal Misc. Case Nos.198/2020 and 161/2020

respectively are set aside. It is ordered that the accused-

appellants Dinesh S/o Late Shri Virsang Bhai Choudhary (Patel)

(4 of 4) [CRLAS-79/2021]

and Mukesh S/o Shri Poona Nanama arrested in connection with

F.I.R. No.122/2020 registered at the Police Station Phalasiya,

District Udaipur shall be released on bail; provided each of them

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

218 & 219/Pramod/-

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