Mohammad Asif vs State Of Rajasthan ...
2023 Latest Caselaw 4119 Raj

[2023/RJJD/013617]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 359/2023

Mohammad Asif S/o Mohammad Arif, Aged About 27 Years, R/o Silawato Ka Bass Ward No. 7 Piparcity Dist. Jodhpur Raj. (At Present Lodged In Central Jail Jodhpur)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Sunita D/o Vijayraj, Aged About 26 Years, B/c Khatik R/o Ambedkar Colony Piparcity Dist. Jodhpur Raj.

                                                                    ----Respondents


For Appellant(s)             :     Mr.Mohan Lal.
For Respondent(s)            :     Mr.Arun Kumar, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                             Judgment / Order

04/05/2023

The instant appeal under Section 14A(2) of the SC/ST (PA)

Act has been filed by the appellant against the order dated

27.3.2023 passed by learned Special Judge, SC/ST (PA) Act

Cases, Jodhpur Metro in Cr.Misc. Bail Application No.85/2023,

whereby the bail application filed by the appellant, who has been

arrested in connection with FIR No.531/2022 registered at Police

Station Bilara, District Jodhpur Rural, for offences under Sections

376, 326, 506 of IPC and Sections 3(1)(w)(i), 3(1)(w)(ii), 3(2)(v)

and 3(2)(va) of SC/ST (PA) Act, has been rejected.

Learned counsel for the appellant submitted that the

appellant has been falsely implicated in the present case. Learned

counsel submitted that as per FIR lodged by the complainant, the

appellant gave her some sweets containing intoxicant substance

[2023/RJJD/013617] (2 of 3) [CRLAS-359/2023]

due to which she became sedated and in the aforesaid state, she

was subjected to sexual assault-rape. Learned counsel submitted

that as per FIR, certain obscene photographs of the prosecutrix

were snapped by the appellant and under the threat of photo

being made viral, she was victimised and subjected to repeated

sexual assault.

Learned counsel vehemently submitted that from perusal of

the FIR, it is evident that the allegation against the appellant is of

committing repeated sexual assault upon the appellant under the

threat of making her obscene photograhs and videos viral.

However, during police investigation, neither any

photographs/videos has been recovered nor has the appellant

been charged for any offence under the I.T. Act. Learned counsel

submitted that as a matter of fact, the appellant and prosecutrix

were in a consensual relationship. However, on turning their

relations strained, the prosecutrix lodged the FIR against the

appellant implicating him in a false case. Learned counsel

submitted that the appellant is in judicial custody, challan has

been filed and the trial of the case will take sufficiently long time,

therefore, the benefit of bail should be granted to the accused-

appellant.

Per contra, learned Public Prosecutor opposed the bail

application.

Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and

circumstances of the case and taking into consideration the fact

[2023/RJJD/013617] (3 of 3) [CRLAS-359/2023]

that no obscene photographs/videos were recovered from the

present appellant, without expressing any opinion on

merits/demerits of the case, this Court is of the opinion that the

appellant deserves to be enlarged on bail.

Accordingly, the appeal under Section 14A(2) of the SC/ST

(PA) Act is allowed. The order dated 27.3.2023 passed by learned

Special Judge, SC/ST (PA) Act Cases, Jodhpur Metro is set aside

and it is ordered that the accused-appellant- Mohammad Asif S/

o Mohammad Arif shall be enlarged on bail in connection with

FIR No.531/2022 registered at Police Station Bilara, District

Jodhpur Rural, provided he furnishes a personal bond in the sum

of Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for his appearance before

the court concerned on all the dates of hearing as and when called

upon to so.

(KULDEEP MATHUR),J /tarun goyal/

Sr.No.247

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