Dinesh Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 6820 Raj

[2023:RJ-JD:27987]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 1198/2023
Dinesh Kumar S/o Shri Ragha Ram, Aged About 23 Years, R/o
Vill. Pichhawa Ps Takhatgarh Dist. Pali Raj.
(Presently Lodged In Dist. Jail Pali)
                                                                     ----Appellant
                                     Versus
1.       State Of Rajasthan, Through Pp
2.       Ku. Sangeeta D/o Shri Mangi Lal, B/c Sargara R/o
         Dudapura Ps Desuri Dist. Pali Raj.
                                                                  ----Respondents


For Appellant(s)            :    Mr.Shambhoo Singh Rathore.
For Respondent(s)           :    Mr.Gaurav Singh, P.P.


        HON'BLE MR. JUSTICE KULDEEP MATHUR
                     JUDGMENT

04/09/2023

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 14.6.2023

passed by learned Special Judge, Scheduled Castes and Scheduled

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

Application No.618/2023, whereby the bail application filed by the

appellant, who has been arrested in connection with FIR

No.47/2023 registered at Police Station Desuri, District Pali, for

offences under Sections 354(d), 384 of IPC and Sections 3(1)(w),

3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act and Sections 67 and 67 of Information and

Technology Act, 2000, 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 the statements of the prosecutrix

[2023:RJ-JD:27987] (2 of 3) [CRLAS-1198/2023]

Mst.'S' recorded under relevant provisions of Cr.P.C., learned

counsel submitted that the prosecutrix in her statements has

admitted that she knew the appellant from last 4 - 5 years.

Learned counsel submitted that prosecutrix though has alleged

that she was subjected to sexual assault - rape by the present

appellant under the threat of making her obscene photographs

viral, however her statements are indicative of the fact that she

was having consensual relationship with the appellant for last so

many years and photographs were snapped by the appellant with

her free will without any coercion. Learned counsel submitted that

even otherwise, it is highly improbable that a mature major girl

would not disclose the factum of she being sexually assaulted or

exploited to anyone for such a long period particularly when, she

had travelled with the appellant to various places in Rajasthan and

outside Rajasthan and stayed with him in thickly populated areas.

Learned counsel submitted that that the relationship between the

prosecutrix and appellant was consensual, however upon their

relations turning strained, the appellant has been roped in a false

criminal case.

Learned counsel submitted that the appellant who is aged

about 23 years is in judicial custody; challan has already 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, learned Public

Prosecutor. Perused the material available on record.

[2023:RJ-JD:27987] (3 of 3) [CRLAS-1198/2023]

Having considered the rival submissions, facts and

circumstances of the case so also the fact that the appellant is

aged about 23 years, challan has already been filed before

competent criminal court, prosecutrix despite having ample

opportunities for about 4 - 5 years did not disclose the factum of

she being subjected to sexual assault by the appellant to anyone,

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 14.6.2023 passed by learned

Special Judge, Scheduled Castes and Scheduled Tribes (Prevention

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

accused-appellant- Dinesh Kumar S/o Shri Ragha Ram shall be

enlarged on bail in connection with FIR No.47/2023 registered at

Police Station Desuri, District Pali, 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.586

Powered by TCPDF (www.tcpdf.org)