Bhupal Singh vs State Of Rajasthan
2022 Latest Caselaw 6541 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1078/2021

Bhupal Singh S/o Neemb Singh, Aged About 30 Years, R/o Laxmanpura, Balera, P.s. Sadar Barmer District Barmer. (At Present Lodged At District Jail Barmer)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Patta Ram S/o Punaram, B/c Bhil, R/o Juna, Patrasar Tehsil And District Barmer.

----Respondents

For Appellant(s) : Mr. Tribhuwan Singh For Respondent(s) : Mr. Anda Ram Choudhary, PP Mr. RJ Punia

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

05/05/2022

Accused-appellant has laid this appeal under Section 14A of

the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short, 'Act of 1989') to assail impugned

order dated 27.09.2021 passed by Special Court, Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Cases,

Barmer (for short, 'learned trial Court'). By the order impugned,

learned trial Court has rejected bail application of the petitioner in

respect of FIR No.183/2021 of Police Station Mahila Police Thana,

Barmer for offences under Sections 376(1), 342, 323 IPC and

Section 3(2)(v), 3(2)(VA) of the Act of 1989.

Heard learned counsel for appellant, Public Prosecutor and

counsel for Complainant-victim and perused the challan paper.

Learned counsel submits that the from the bare persual of the

(2 of 2) [CRLAS-1078/2021]

statement of the prosecutrix under Section 161 & 164 of Cr.PC as

well as statement of the neighbors namely Khet Singh etc. has

revealed that there were consensual sexual relationship between

the parties and the matter has been reported under the coercion

of her parents. She is a major girl. The appellant is behind the bar

and is aged 30 years, his further incarnation is not required.

Learned Public Prosecutor as well as learned counsel for the

complainant have vehemently opposed the submission made by

the appellant.

Accordingly, the instant appeal is allowed and the impugned

order passed by the learned trial Court is set aside. As a

consequence of setting aside of the impugned order, the bail

application of the appellant is allowed and it is ordered that the

accused-appellant, Bhupal Singh S/o Neemb Singh arrested in

connection with F.I.R. No.183/2021 of Police Station Mahila Police

Thana, Barmer may be released on bail; provided he furnishes a

personal bond of Rs.50,000/- with 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.

(FARJAND ALI),J 70-nidhi/-

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