Prakash vs State Of Rajasthan ...
2023 Latest Caselaw 4187 Raj

[2023/RJJD/013843]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Criminal Appeal No. 88/2023

Prakash S/o Bhanwar Lal, Aged About 25 Years, Patan, P.s.
Badnor, Dist. Bhilwara. (At Present Lodged In Dist. Jail,
Bhilwara).
                                                                        ----Appellant
                                      Versus
1.       State Of Rajasthan, Through Pp
2.       Pooja Devi D/o Mangu Ram Bhil, Barariyon Ka Badiya,
         Mogar, Badnor, Dist. Bhilwara.
                                                                     ----Respondents


For Appellant(s)            :     Mr.Bhushan Singh Charan.
For Respondent(s)           :     Mr.Shiv Kumar Bhati, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                  JUDGMENT

05/05/2023 The instant appeal under Section 14A of the SC/ST (PA) Act

has been filed by the appellant against the order dated 10.1.2023

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

in Cr.Misc. Bail Application No.13/2023, whereby the bail

application filed by the appellant, who has been arrested in

connection with FIR No.190/2022 registered at Police Station

Badnor, District Bhilwara, for offences under Sections 366, 376(2)

(n) of IPC and Sections 3(1)(w)(ii) 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. Drawing

attention of the court towards statements of prosecutrix recorded

under Sections 161 and 164 Cr.P.C., learned counsel for the

[2023/RJJD/013843] (2 of 3) [CRLAS-88/2023]

petitioner submitted that the prosecutrix is a major married

woman, who is living separately from her husband. Learned

counsel submitted that from the perusal of the FIR and statements

of prosecutrix, it is evident that allegation upon petitioner is of

indulging in physical relationship with prosecutrix by making false

promise of marriage. Learned counsel vehemently submitted that

as a matter of fact when the petitioner could not keep his promise

of marrying the prosecutrix, the relations between them turned

sour and FIR was lodged against the petitioner on 03.12.2022,

without disclosing the date and place of incident. Lastly, learned

counsel for the petitioner submitted that failure to keep a promise

of marriage would not amount to rape as it is merely a case of

consensual physical relations between the two grownup persons.

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, 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 of the SC/ST (PA)

Act is allowed. The order dated 10.1.2023 passed by learned

[2023/RJJD/013843] (3 of 3) [CRLAS-88/2023]

Special Judge, SC/ST (PA) Act Cases, Bhilwara is set aside and it

is ordered that the accused-appellant- Prakash S/o Bhanwar

Lal shall be enlarged on bail in connection with FIR No.190/2022

registered at Police Station Badnor, District Bhilwara, 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.213

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