Sanjeev Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 9006 Raj

[2023:RJ-JD:37443]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (SB) No. 2241/2023

Sanjeev Kumar S/o Sh. Jagdish Kumar, Aged About 27 Years,
R/o- Suncity Colony, Mirzewala Road, Police Station Sadar,
Sriganganagar, District Sriganganagar.
(At Present Lodged In Central Jail Sriganganagar)
                                                                    ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Nisha D/o Sh. Vinod Kumar, R/o- Village 12-Z, Tehsil And
         District Sriganganagar.
                                                                 ----Respondents


For Appellant(s)           :    Mr.Hamir Singh Sidhu.
For Respondent(s)          :    Mr.Arun Kumar, P.P.
For Complainant            :    Mr.SR Godara.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                JUDGMENT

02/11/2023

The instant appeal under Section 14A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act has

been filed by the appellant against the order dated 12.10.2023

passed by learned Special Judge, Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act Cases, Sriganganagar in

Cr.Misc. Bail Application No.330/2023, whereby the bail application

filed by the appellant, who has been arrested in connection with

FIR No.143/2023 registered at Women Police Station

Sriganganagar, for offences under Sections 376(2)(N), 313, 450,

120-B of IPC, Sections 51, 6 of POCSO Act and Sections 3(1)(w)

(i), 3(2)(v) and 3(2)(va) of Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, has been rejected.

[2023:RJ-JD:37443] (2 of 4) [CRLAS-2241/2023]

Learned counsel for the appellant submitted that the

appellant who is aged about 27 years has been falsely implicated

in a criminal case by the prosecutrix who is a mature girl. Learned

counsel submitted that the prosecutrix was having consensual

relationship with the present appellant. Drawing attention of the

Court towards various documents, learned counsel submitted that

the prosecutrix solemnized marriage with the appellant on

6.10.2022 at Shiv Mandir, Near Punjab National Bank. Attention of

the Court was further drawn towards an order dated 21.10.2022

passed by coordinate Bench of this Court in CRLMP No.7100/2022

wherein the prosecutrix and the appellant sought protection from

the family members of the prosecutrix as they were having

apprehension of threat to their life and liberty. Learned counsel

submitted that the prosecutrix as a matter of fact is wife of the

present appellant, who on their relations turning strained, has

falsely implicated the appellant in a false criminal case.

Learned counsel submitted that the appellant is in judicial

custody 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 and learned counsel for

the complainant have vehemently opposed the bail application.

However, they were not in a position to refute the fact that the

appellant and the prosecutrix are major and have solemnized

marriage with each other. They are also not in a position to refute

the fact that the appellant and the prosecutrix had jointly filed a

Cr. Misc. Petition (supra) before this Court seeking protection from

[2023:RJ-JD:37443] (3 of 4) [CRLAS-2241/2023]

the family members of the prosecutrix having apprehension of

threat.

Heard learned counsel for the appellant, learned Public

Prosecutor and learned counsel for the complainant. Perused the

material available on record.

Having considered the rival submissions, facts and

circumstances of the case, this Court prima facie finds that as per

the FIR, the prosecutrix was subjected to sexual assault by the

petitioner appellant for the first time in the year 2018 and the FIR

has been lodged after a lapse of five and a half years. This Court

also prima facie finds that the prosecutrix solemnized marriage

with the appellant and by way of filing a Cr. Misc. Petition (supra)

before this Court, she sought protection for herself and for the

appellant from her family members as they apprehended threat to

their life and liberty. This Court also prima facie finds that no

recovery is due to be made from the appellant. Thus, 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

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act is allowed. The order dated 12.10.2023 passed by learned

Special Judge, Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act Cases, Sriganganagar is set aside and it is

ordered that the accused-appellant- Sanjeev Kumar S/o Sh.

Jagdish Kumar shall be enlarged on bail in connection with FIR

No.143/2023 registered at Women Police Station Sriganganagar,

[2023:RJ-JD:37443] (4 of 4) [CRLAS-2241/2023]

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.377

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