Naresh Kumar @ Naresh Jat vs State Of Rajasthan ...
2023 Latest Caselaw 3652 Raj

[2023/RJJD/012262]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 379/2023

Naresh Kumar @ Naresh Jat S/o Sh. Kesha Ram, Aged About 22 Years, Magrasi Police Station Losal Dist. Sikar (Raj.).

(Presently Lodged In Dist. Jail, Nagaur).

----Appellant Versus

1. State Of Rajasthan, Through P.P.

2. Divya Kumari Balai D/o Sh. Raju Ram Balai, Vill. Chitawa Dist. Nagaur (Raj.).

                                                                    ----Respondents


For Appellant(s)             :     Mr. Kaushal Gautam.
                                   Mr. Awatar Singh.
For Respondent(s)            :     Mr. Shrawan Kumar, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                    Judgment

26/04/2023

The instant appeal has been filed under Section 14A SC/ST

(Prevention of Atrocities) Act on behalf of the appellant, who is in

custody in connection with F.I.R. No.28/2023, registered at Police

Station Molasar, District Nagaur for the offences under Sections

363, 366A, 376(D) IPC and Sections 3(1)(W)(i)3(2)(V)(va) of the

SC/ST (Prevention of Atrocities) Act against the order dated

17.03.2023 passed by the learned Special Judge Scheduled

Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Merta

whereby, the bail application preferred under Section 439 Cr.P.C.

on behalf of the appellant was rejected.

Learned counsel for the appellant submitted that the

appellant is aged about 22 years whereas the prosecutrix is aged

[2023/RJJD/012262] (2 of 3) [CRLAS-379/2023]

about 21 years. Learned counsel submitted that the prosecutrix

voluntarily eloped with the appellant and remained in his

company for more than eight days. He further submitted that

prosecutrix travelled with the present appellant to various places

i.e. Ahmedabad, Surat etc., having ample opportunities to

disclose the factum of sexual assault or abduction by the

appellant. Learned counsel submitted that as a matter of fact, the

prosecutrix remained in the company of the appellant of her own

free will and volition. However, when their relations turned

strained, a false F.I.R. has been foisted against the appellant.

Learned counsel thus prayed that the appeal may be allowed and

the appellant may be enlarged on bail.

Learned Public Prosecutor has opposed the prayer for bail.

Heard learned counsel for the appellant and learned public

prosecutor and also perused the material available on record.

Having regard to the entirety of facts and circumstances as

available on record and upon a consideration of the arguments

advanced at the bar, so also the fact that the prosecutrix travelled

with the appellant to various places and stayed with him for about

eight days but did not inform anybody that she has been abducted

and subjected to sexual assault by the appellant, without

expressing any opinion on merits/demerits of the case, this Court

is of the opinion that the order rejecting the application for bail

filed on behalf of the appellant, cannot be sustained and deserves

to be set aside.

[2023/RJJD/012262] (3 of 3) [CRLAS-379/2023]

Consequently, the instant appeal is allowed. The impugned

order dated 17.03.2023 passed by the learned Special Judge

Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act

Cases), Merta is set aside. It is ordered that the accused-appellant

Naresh Kumar @ Naresh Jat S/o Sh. Kesha Ram arrested in

connection with F.I.R. No.28/2023, registered at Police Station

Molasar, District Nagaur 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.

(KULDEEP MATHUR),J 197-Prashant/-

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