Vinod Saini Son Of Shri Hanuman ... vs State Of Rajasthan
2022 Latest Caselaw 2370 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Appeal No. 341/2022

Vinod Saini Son Of Shri Hanuman Sahay Saini, Aged About 24
Years, Resident Of Village Achrol, Police Station Chandwaji,
District Jaipur Rural ( At Present Confined In Central Jail, Jaipur)
                                                                   ----Appellant
                                   Versus
1.      State Of Rajasthan, Through Pp
2.      Victim D/o Maluram regar, aged 22 years, Resident of gila
        Ki Nangal, P.S. Kanota, Jaipur
                                                                ----Respondents

For Appellant(s) : Mr. S S Solanki through VC For Respondent(s) : Mr. S.K. Mahala, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

16/03/2022 The instant appeal has been filed under Section 14A(2)

SC/ST (Prevention of Atrocities) Act on behalf of the appellant,

who is in custody in connection with FIR No.227/2021, Police

Station Kanota, District Jaipur City (East), for the offences under

Section 376 of IPC and Sections 3(1)(b) & 3(1)(i) of the SC/ST

(Prevention of Atrocities) Act.

Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the material available on record and more

particularly the challan papers.

It is submitted by learned counsel for the appellant that the

accused-appellant has falsely been implicated in the case. He has

(2 of 2) [CRLAS-341/2022]

nothing to do with the alleged offences. He is behind the bars

since a long time.

Per contra, learned Public Prosecutor has vehemently

opposed the appeal.

Considering the submissions that the prosecutrix is a grown

up lady, aged twenty two years, and that the allegation of

committing rape is made on account of false promise to marry, I

deem it proper to allow the appeal.

Consequently, the instant appeal is allowed. The impugned

order dated 02.03.2022 passed by the Special Judge, SC/ST

(Prevention of Atrocities) Cases, Jaipur Metropolitan-I, Jaipur is

set aside. It is ordered that the accused-appellant- Vinod Saini

Son Of Shri Hanuman Sahay Saini arrested in connection with

aforesaid FIR, shall be released on bail, if not wanted in any other

case, provided he furnishes a personal bond of Rs. 50,000/- and

two sureties 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.

(FARJAND ALI),J

ARTI SHARMA /87

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