Rajasthan High Court - Jodhpur
Dharmendra vs State Of Rajasthan on 25 August, 2023
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1706/2023
Dharmendra S/o Kailash, Aged About 24 Years, R/o Banera Ps
Banera Dist. Bhilwara At Present Sanganeri Gate Ps
Subhashnagar Dist. Bhilwara (At Present Lodged In Dist. Jail
Bhilwara)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Leela @ Meena D/o Ratan Lal Bheel, Aged About 19
Years, R/o Vill. Akhaliya Ps Shambhugarh Dist. Bhilwara
----Respondents
For Appellant(s) : Mr. Deepak Menaria
For Respondent(s) : Mr. Shrawan Kumar, P.P.
For Complainant(s) : Mr. Chakrawarti Singh
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment
25/08/2023
Heard learned counsel representing the appellant, learned
Public Prosecutor and learned counsel for the complainant.
Perused the material available on record.
This appeal has been preferred on behalf of the appellant
under Section 14 A of the SC/ST (Prevention of Atrocities)
Amendment Act 2015 being aggrieved by the order dated
16.08.2023 passed by learned Special Judge, SC/St (Prevention of
Atrocity) Cases, District Bhilwara in Criminal Misc. Case
No.210/2023 rejecting the bail application preferred on behalf of
the appellant who is in custody in connection with FIR No.30/2023
registered at Police Station Subhash Nagar, District Bhilwara for
(2 of 3) [CRLAS-1706/2023]
the offecne under Section 376D IPC and Section 3(1)(w)(i) and
3(2)(v) of SC/SC Act.
Drawing attention of this Court towards the statements of
the prosecutrix Mst. 'L' recorded before the competent criminal
court on 04.08.2023. Learned counsel submitted that the
prosecutrix in her Court statements has not supported the
prosecution story and turned hostile. Learned counsel further
submitted that the chances of the appellant being convicted in the
present case are very bleak; 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 and learned counsel for
the complainant have vehemently opposed the appeal. They were
not in a position to refute the fact that the prosecutrix in her Court
statements has not supported the prosecution story and turned
hostile.
Having regard to the totality of facts and circumstances as
available on record and upon consideration of the arguments
advanced so also the fact that the prosecutrix in her Court
statements has not supported the prosecution story and turned
hostile, 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 16.08.2023 passed by the Special Judge, SC/ST
(3 of 3) [CRLAS-1706/2023]
(Prevention of Atrocities Cases), District Bhilwara is set aside. It is
ordered that the accused-appellant -Dharmendra S/o Kailash
arrested in connection with FIR No.30/2023 registered at Police
Station Subhash Nagar, District Bhilwara 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
58-Ravi Kh/-
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