Rakesh Panwar vs State Of Rajasthan
2022 Latest Caselaw 3895 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 170/2022

Rakesh Panwar S/o Nathu Ram, Aged About 29 Years, R/o Bera Mana Chawandiya, Jaitaran Police Station, District Pali. (Confined in District Jail, Pali).

----Appellant Versus

1. State of Rajasthan through PP

2. Smt. Geeta Devi W/o Rakesh Baori, R/o Bera Karni Sagar, Bansiya, Raipur Police Station, Tehsil Raipur, District Pali.

                                                                  ----Respondents


For Appellant(s)           :     Mr. D.S. Udawat
For Respondent(s)          :     Mr. Arun Kumar, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

11/03/2022

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

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

who is in judicial custody in connection with FIR No.392/2021 of

Raipur Police Station, District Pali for the offences punishable

under Sections 366, 376/D, 376[2][n] of IPC & Sections 3[1][w-

ii], 3[2][va] of SC/ST (Prevention of Atrocities) Act against the

order dated 29.01.2022 passed by the Special Judge, SC/ST

(Prevention of Atrocities) Act Cases, Pali whereby, the bail

application preferred under Section 439 Cr.P.C. on behalf of the

appellant has been rejected.

Heard learned counsel appearing for the appellant and

learned Public Prosecutor. Perused the material available on

record.

                                         (2 of 3)                      [CRLAS-170/2022]



     Learned    Public      Prosecutor         stated       that      service       upon

respondent No.2 is completed.

Despite service, no one is appeared on behalf of the

respondent No.2 - complainant.

Learned counsel for the appellant stated that allegation of

rape was made against the co-accused Lala Ram who has already

been granted benefit of bail by the Co-ordinate Bench of this Court

vide order dated 14.02.2022; charge-sheet has also been filed

and trial will take time. With these submissions, learned counsel

for the appellant prayed that benefit of bail may be granted to the

appellant.

Learned Public Prosecutor opposed the bail application and

stated that prosecutrix supported the story of prosecution in her

statement recorded under Sections 161 & 164 Cr.P.C..

Having regard to the facts and circumstances of the case,

particularly to the facts that allegation of rape was not made

against the accused petitioner; allegation of rape was made

against the co-accused Lala Ram who has already been granted

benefit of bail; and trial will take sufficiently long time, therefore,

without expressing any opinion on the merits/demerits of the

case, this Court is of the opinion that the appellant deserves to be

enlarged on bail.

Consequently, the instant appeal is allowed. The impugned

judgment and order dated 29.01.2022 passed by the Special

Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali is set aside.

It is ordered that the accused-appellant - Rakesh Panwar S/o

Nathu Ram, arrested in connection with FIR No.392/2021 of

Raipur Police Station, District Pali shall be released on bail, if not

wanted in any other case and subject to fulfilling the

(3 of 3) [CRLAS-170/2022]

aforementioned condition; provided he furnishes a personal bond

of ₹50,000/- and two sureties of ₹25,000/- each to the satisfaction

of the learned trial Court with the stipulation to appear before that

Court on each and every date of hearing and whenever called

upon to do so till the completion of the trial.

(DEVENDRA KACHHAWAHA),J 137-Arvind/-

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