Avdhesh Singh vs State Of Rajasthan ...
2023 Latest Caselaw 8078 Raj

[2023:RJ-JD:33388]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 1819/2023

Avdhesh Singh S/o Shri Kishore Singh, Aged About 32 Years, R/o
Salempur      Thana    Basedi,       Dist.     Dhopur,        At   Present   D-98,
Amrakunj Colony, 200 Ft. Road, Opp. Fun City Water Park, P.s.
Pratap Nagar, Bhilwara, Dist. Bhilwara(Raj.)
(Presently Lodged At Dist. Jail, Bhilwara)
                                                                      ----Appellant
                                     Versus
1.       State Of Rajasthan, Through Pp
2.       Smt. Kailashi Devi W/o Shri Girdhari Lal, R/o Ward No.
         18, Regar Mohall Bagor, P.s. Bagore, Dist. Bhilwara(Raj)
                                                                   ----Respondents


For Appellant(s)             :    Mr.Dhirendra Singh, Sr.Advocate with
                                  Mr.Jagdish Singh.
For Respondent-State         :    Mr.S.K.Bhati, P.P.
For Respondent No.2          :    Mr.Ratna Ram.



             HON'BLE MR. JUSTICE KULDEEP MATHUR

                                 JUDGMENT

06/10/2023

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 11.8.2023

passed by learned Special Judge, Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act Cases, Bhilwara in Cr.Misc.

Case No.211/2023, whereby the bail application filed by the

appellant, who has been arrested in connection with FIR

No.455/2023 registered at Police Station Pratap Nagar, Bhilwara,

for offences under Sections 376(2)(N) and 384 of IPC and

[2023:RJ-JD:33388] (2 of 4) [CRLAS-1819/2023]

Sections 3(1)(w)(i), 3(2)(w)of Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) 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 the prosecutrix who is a mature married

woman has falsely implicated the appellant in a criminal case.

Learned counsel submitted that as per prosecutrix, she was

subjected to sexual assault by the present appellant by mixing

some intoxicant in her drink, about six months prior to the date of

alleged incident and thereafter, she was subjected to constant

sexual assault by the appellant by threatening her to viral her

obscene videos and photographs. Learned counsel submitted that

the prosecutrix in the FIR has not furnished any satisfactory

explanation for lodging the FIR after an inordinate delay. Learned

counsel submitted that it is highly improbable that a married

mature woman would not disclose the factum of she being

sexually assaulted or blackmailed to anyone despite having ample

opportunities to do so.

Lastly, learned counsel for the appellant submitted that the

appellant and prosecutrix were having consensual relationship. To

substantiate this contention, attention of the Court was drawn

towards various Whatsapp chats, messages etc. exchanged

between the prosecutrix and the appellant. Learned counsel

submitted that on the relations between the prosecutrix and the

appellant turning strained, the appellant has been roped 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,

[2023:RJ-JD:33388] (3 of 4) [CRLAS-1819/2023]

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.

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, particularly the fact that the

prosecutrix who is a mature married woman despite having ample

opportunities did not disclose the factum of she being subjected to

sexual assault or blackmail by the present appellant, to anyone

coupled with the fact that there are Whatsapp chats and messages

exchanged between the prosecutrix and the appellant, and no

obscene videos or photographs of the prosecutrix allegedly used

by the appellant to threaten/blackmail the prosecutrix have been

recovered by the investigating agency and the appellant has not

been charged for the offences under Information Technology Act,

therefore, 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 11.8.2023 passed by learned

Special Judge, Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act Cases, Bhilwara is set aside and it is ordered that

the accused-appellant- Avdhesh Singh S/o Shri Kishore Singh

[2023:RJ-JD:33388] (4 of 4) [CRLAS-1819/2023]

shall be enlarged on bail in connection with FIR No.455/2023

registered at Police Station Pratap Nagar, 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.541

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