Rajasthan High Court - Jodhpur
Jasvindra Singh @ Sheru vs State Of Rajasthan ... on 19 May, 2023
Bench: Kuldeep Mathur
[2023/RJJD/016560]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 473/2023
Jasvindra Singh @ Sheru S/o Jaswant Singh, Aged About 22
Years, R/o Ward No. 11 Ravla Ps Ravla Dist. Sriganganagar
(Presently Lodged In Central Jail Sriganganagar)
----Appellant
Versus
1. State Of Rajasthan, Through P.P.
2. Sumitra W/o Sukhram, R/o Ward No. 87 Gb Anoopgarh
Sriganganagar
----Respondents
For Appellant(s) : Mr. Umesh Kant Vyas.
For Respondent(s) : Mr. Shrawan Kumar, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment
19/05/2023
The instant appeal has been filed under Section 14-A SC and
ST (Prevention of Atrocities) Act on behalf of the appellant, who is
in custody in connection with F.I.R. No.105/2023, registered at
Police Station Anoopgarh, District Sriganganagar, for the offences
under Sections 363 & 366 A of the IPC and Sections 3(2)(Va) of
the SC/ST (Prevention of Atrocities) Act Cases against the order
dated 24.03.2023 passed by the learned Special Judge Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases,
Sriganganagar whereby, the bail application preferred under
Section 439 Cr.P.C. on behalf of the appellant was rejected.
Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the material available on record.
Drawing attention of the Court towards the statement of the
[2023/RJJD/016560] (2 of 3) [CRLAS-473/2023]
prosecutrix recorded under Section 161 Cr.P.C. dated 19.02.2023,
learned counsel for the appellant submitted that from perusal of
aforesaid statement, it is evident that the prosecutrix voluntarily
eloped with the present appellant. Learned counsel further
submitted that there is no allegation of the prosecutrix being
sexually assaulted by the present appellant. Learned counsel
submitted that the appellant is a young boy aged 22 years, has
falsely been implicated in the present case. It was further stated
that the accused-appellant is in judicial custody and the trial of
the case will take sufficiently long time.
Learned Public Prosecutor has opposed the prayer for bail.
Having regard to the entirety of facts and circumstances as
available on record and upon a consideration of the arguments
advanced at bar, this Court is of the opinion that the order
rejecting the application for bail filed on behalf of the appellant
cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned
order dated 24.03.2023 passed by the learned Special Judge
Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act
Cases, Sriganganagar is set aside. It is ordered that the accused
appellant Jasvindra Singh @ Sheru S/o Jaswant Singh
arrested in connection with F.I.R. No.105/2023, registered at
Police Station Anoopgarh, District Sriganganagar shall be released
on bail; provided he furnishes a personal bond of Rs. 50,000/- and
two surety bonds of Rs. 25,000/- each to the satisfaction of the
[2023/RJJD/016560] (3 of 3) [CRLAS-473/2023]
learned trial 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
423-Prashant/-
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