Rajasthan High Court - Jodhpur
Pawan Kumar vs State Of Rajasthan on 23 March, 2021
Bench: Sandeep Mehta
(1 of 3) [CRLAS-975/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 975/2020
Pawan Kumar S/o Randhir Singh, Aged About 36 Years, Garhi
Chhani Police Station Bhirani, Tehsil Bhadra, District
Hanumangarh. (At Present Lodged In District Jail
Hanumangarh).
----Appellant
Versus
1. State Of Rajasthan, Through P.p.
2. Suman D/o Dharama Ram, Mithidipatta, Rajgarh, District
Churu. At Present Chhanibadi, Tehsil Bhadra, District
Hanumangarh.
----Respondents
For Appellant(s) : Mr. R.S. Choudhary
For Respondent(s) : Mr. Sumer Singh Rajpurohit, P.P.
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
23/03/2021
Heard learned counsel for the appellant, learned Public
Prosecutor and perused the material available on record.
The instant appeal has been filed under Section 14-A(2)
SC/ST (Prevention of Atrocities) Act on behalf of the appellant,
who is in custody in connection with F.I.R. No.179/2020 registered
at the Police Station Bhirani, District Hanumangarh for the
offences under Sections 376(2)(N), 506, 379 IPC and Section 3(2)
(V) of the SC/ST Act, against the order dated 02.11.2020 passed
by the learned Special Judge, SC/ST (Prevention of Atrocities) Act
Cases, Hanumangarh in Criminal Misc. Case No.184/2020,
whereby the bail application preferred under Section 439 Cr.P.C.
(2 of 3) [CRLAS-975/2020]
on behalf of the appellant was rejected.
Notice of the appeal has been served upon the
respondent-complainant, but no one has appeared to oppose the
appeal on her behalf.
The contention of Mr. Choudhary is that the case is
purely of consensual relations between two major persons.
The prosecutrix is a widowed lady aged about 26 years.
Even as per her own statement, he accompanied the petitioner to
various places including Gogamedi, Hisar and Jaipur etc., where
both of them stayed together for number of days. The prosecutrix
has alleged that her indecent photographs/video clips were taken
by the petitioner. However, the photographs shown to this court
do not indicate any indecent pose between the petitioner and the
complainant. Considering the fact that the prosecutrix, being a
matured major woman voluntarily, accompanied the petitioner to
various places and stayed with him in various hotels, where sexual
relations were established between them, the contention of Mr.
Choudhary that the relationship is consensual is not without merit.
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 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 02.11.2020 passed by the learned Special
(3 of 3) [CRLAS-975/2020]
Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh
in Criminal Misc. Case No.184/2020 is set aside. It is ordered that
the accused-appellant Pawan Kumar S/o Randhir Singh arrested in
connection with F.I.R. No.179/2020 registered at the Police Station
Bhirani, District Hanumangarh 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
216-Pramod/-
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