Mukesh vs State Of Rajasthan
2023 Latest Caselaw 6369 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 637/2023

Mukesh S/o Aasuram, Aged About 22 Years, R/o Charanishara, Police Station Panchodi, District Nagaur (Raj.). (Presently lodged in District Jail, Merta)

----Appellant Versus

1. State of Rajasthan, through P.P.

2. Prema Ram S/o Karna Ram, Charanisara, P.s. Panchodi, Nagaur, Rajasthan.

                                                                ----Respondents


For Appellant(s)          :    Mr. D.K. Godara
For Respondent(s)         :    Mr. Shrawan Kumar, P.P.


          HON'BLE MR. JUSTICE KULDEEP MATHUR
                                Judgment

24/08/2023

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

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

who is in custody in connection with FIR No.126/2021 registered

at Police Station Panchodi, District Nagaur for the offences under

Sections 323, 354D, 500, 306, 365, 382, 376/2(N) and 201 IPC.

Heard learned counsel for the appellant and Public

Prosecutor for the State. Perused the material available on record.

Learned counsel for the appellant submitted that the

complainant lodged an FIR against the present appellant stating

inter alia, that the appellant had been sexually assaulting the

prosecutrix Mst. 'S' (wife of the complainant), from last more than

two years by threatening to viral her obscene photographs/videos.

Learned counsel submitted that the appellant has been falsely

implicated in the present case. Learned counsel further submitted

(2 of 3) [CRLAS-637/2023]

that the prosecutrix who is a mature lady (wife of the

complainant) was having consensual relationship with the

appellant. Learned counsel vehemently submitted that no obscene

photograph/video allegedly used by the appellant to threaten the

prosecutrix have been recovered by the investigating agency

during the course of investigation.

Learned counsel submitted that it is highly improbable that a

mature married woman would not disclose the fact of she being

subjected to sexual assault to any of his family members for more

than two years. Lastly, it was submitted that challan against the

appellant has already been filed and the appellant has not been

charged with any of the offence under Information and Technology

Act; learned counsel submitted that the appellant is in judicial

custody since long and the trial of the case will take sufficiently

long time to conclude. Thus, learned counsel submitted that

benefit of bail may be extended to the appellant.

Per contra, learned Public Prosecutor vehemently opposed

the bail application. However, he was not in a position to refute

the fact that no obscene photograph/video allegedly used by the

appellant to sexually assault the prosecutrix have been recovered

by the investigating agency; the appellant has not been charged

with any of the offence of Information and Technology Act.

Having regard to the totality of facts and circumstances as

available on record and upon consideration of the arguments

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 18.04.2023 passed by the Special Judge, SC/ST

(3 of 3) [CRLAS-637/2023]

(Prevention of Atrocities) Cases, District Merta is set aside. It is

ordered that the accused-appellant - Mukesh S/o Aasuram

arrested in connection with FIR No.126/2021 registered at Police

Station Panchodi, District Nagaur 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 179-Ravi Khandelwal

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