Rajasthan High Court - Jodhpur
Dayal Singh vs State Of Rajasthan on 24 August, 2023
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1195/2023
Dayal Singh S/o Kamal Singh, aged about 21 Years, R/o Village
Ugraan, Police Station Jiran, District Neemach, Madhya Pradesh.
(Lodge At District Jail, Chittorgarh)
----Appellant
Versus
1. State of Rajasthan, through P.P.
2. Narendra Kumar Rawal S/o Prahalad Rai, R/o House No.
44 Ganpati Nagar Bhandariya Road, P.s. Chittorgarh,
Rajasthan.
----Respondents
For Appellant(s) : Mr. Mahaveer Singh
For Respondent(s) : Mr. Mukesh Trivedi, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment
24/08/2023
Heard learned counsel representing the appellant and
learned Public Prosecutor. Perused the material available on
record.
This appeal has been preferred on behalf of the appellant
under Section 14 A(2) of the SC/ST (Prevention of Atrocities)
Amendment Act 2015 being aggrieved by the order dated
06.06.2023 passed by learned Special Judge, SC/St (Prevention of
Atrocity) Cases, District Chittorgarh in Criminal Misc. Case
No.109/2023 rejecting the bail application preferred on behalf of
the appellant who is in custody in connection with FIR
No.184/2023 registered at Police Station Sadar, District
(2 of 3) [CRLAS-1195/2023]
Chittorgarh for the offecnes under Sections 366 and 376(2)(N)
IPC and Section 3(2)(v) of SC/ST Act.
Learned counsel for the appellant submitted that allegation
against the present appellant is that he sexually assaulted
prosecutrix by making a false promise of marriage. Learned
counsel submitted that from the perusal of the statements of the
prosecutrix, it is evident that, she voluntarily entered into physical
relationship with the present appellant and travelled with him to
various places such as Chittorgarh, Nimach and Ratlam etc.
Learned counsel submitted that the prosecutrix voluntarily eloped
with the present appellant and remained in his company for more
than five days at various places. Learned counsel submitted that
no fruitful purpose would be served by keeping the appellant who
is aged about 25 years, behind the bars for an indefinite period.
Learned counsel submitted that the appellant is in judicial custody
since 30.05.2023 and the trial of the case will take sufficiently
long time to conclude.
Thus, learned counsel prayed that benefit of bail may be
extended to the appellant.
Per contra, learned Public Prosecutor vehemently opposed
the appeal. He was not in a position to refute the fact that the
prosecutrix in her statements recorded under various sections of
Cr.P.C. has admitted that she voluntarily eloped with the present
appellant out of her free will and volition.
Having regard to the totality of facts and circumstances as
available on record and upon consideration of the arguments
(3 of 3) [CRLAS-1195/2023]
advanced, without commenting on the merits of the case, this
Court deems it proper to enlarge the appellant on bail.
Consequently, the instant appeal is allowed. The impugned
order dated 06.06.2023 passed by the Special Judge, SC/ST
(Prevention of Atrocities Cases), District Chittorgarh is set aside. It
is ordered that the accused-appellant -Dayal Singh S/o Kamal
Singh arrested in connection with FIR No.184/2023 registered at
Police Station Sadar, District Chittorgrah shall be released on bail,
if not wanted in any other case, provided him furnish a personal
bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the
satisfaction of the learned lower 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
182-Ravi Khandelwal
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