Rajasthan High Court - Jodhpur
Anil Kumar vs State Of Rajasthan on 22 August, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1528/2023
Anil Kumar S/o Gopal Lal, Aged About 29 Years, R/o Suraj Vilas,
P.s. Bijoliya, District Bhilwara (Raj.)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Smt. H W/o Vijay Khatik, Aged About 19 Years, R/o
Baniyo Ka Talab, Police Station Bijoliya, District Bhilwara
(Raj.)
----Respondents
For Appellant(s) : Mr. Praveen Vyas
For Respondent(s) : Mr. Mukhtiyar Khan
HON'BLE MR. JUSTICE FARJAND ALI
Judgment
22/08/2023
1. The jurisdiction of this court has been invoked by way of
filing an appeal under Section 14A(2) of SC/ST (Prevention of
Atrocities) Act at the instance of accused-appellant. The requisite
details of the matter are tabulated herein below:
S.No Particulars of the Case
.
1. FIR Number 181/2023
2. Concerned Police Station Bijolia
3. District Bhilwara
4. Offences alleged in the FIR S. 363, 344 & 376(2)(n)
of IPC and S. 3(1)(r),
3(1)(s), 3(1)(w) & 3(2)
(va) of SC/ST Act
5. Offences added, if any S. 3(2)(v) of SC/ST Act
6. Date of passing of impugned 12.07.2023
order
(2 of 4) [CRLAS-1528/2023]
2. The concise facts of the case as alleged in the FIR lodged by
the prosecutrix are that she is a 2nd year student at Rajkiya
Mahavidhyalaya, Bijolia and she got married to one Vijay Kumar
on 22.04.2023. Her husband dropped her at her mother's place in
another village on 04.06.2023 and on the next day, I.e. on
05.06.2023, she traveled to Bijolia college by bus. It is further
alleged in the FIR that while she was walking to the college from
the bus stand, the petitioner came on a motorcycle and forcefully
took her to a temple instead of her college. Then, she was taken
to Neemach in Madhya Pradesh and was kept in a rented room. As
per the allegations, she was kept confined in the room from
05.06.2023 till 21.06.2023 and was raped regularly. On
21.06.2023, they visited Sanwariya Seth and upon getting a
chance to escape from the crowd, she sat in a bus and went home
to her mother.
3. It is contended on behalf of the accused-appellant that no
case for the alleged offences is made out against him and his
incarceration is not warranted. There are no factors at play in the
case at hand that may work against grant of bail to the accused-
appellant and he has been made an accused based on conjectures
and surmises. It is further contended that the prosecutrix is a
major, married lady who was having an affair with the accused-
appellant out of her own will and after the affair got disclosed, she
lodged a false FIR.
4. Contrary to the submissions of learned counsel for the
appellant, learned Public Prosecutor opposes the appeal and
(3 of 4) [CRLAS-1528/2023]
submits that the present case is not fit for enlargement of accused
on bail.
5. Have considered the submissions made by both the parties
and have perused the material available on record. A perusal of
the statement of the prosecutrix recorded under Section 161 of
CrPC reveals that she knew the petitioner from before; he used to
work as an accountant at the site of stone mine where her mother
used to go and work as a labourer; and she used to talk to him.
The prosecutrix was taken to public place and she was travelling
as a pillion rider on the motorcycle and it is worth pondering upon
as to why she did not raise an alarm or seek help from anyone. In
view of the above, the plea of consent cannot be overlooked at
this stage though the same shall be adjudged after appreciation of
evidence during trial. There is high probability that the trial may
take long time to conclude. In light of these facts and
circumstances, it is deemed suitable to grant the benefit of bail to
the petitioner in the present matter. Needless to say, none of the
observations made herein under shall affect the rights of either of
the parties during trial and this Court refrains from commenting
on the niceties of the matter.
6. Consequently, the instant appeal is allowed. The impugned
order dated 12.07.2023 passed by the Special Judge, SC/ST
(Prevention of Atrocities) Cases, Bhilwara is set aside. It is
ordered that the accused-appellant - Anil Kumar S/o Gopal Lal
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/-
(4 of 4) [CRLAS-1528/2023]
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
174-Pramod/-
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