Vinay Kumar Ranga vs State Of Rajasthan ...
2023 Latest Caselaw 7027 Raj

[2023:RJ-JD:28885]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (SB) No. 1609/2023

Vinay Kumar Ranga S/o Shri Gajanand @ Babu Ji, Aged About
36 Years, B/c Brahman R/o Vill. Loridya Ps Phalodi Jodhpur Raj.
(Lodged At Central Jail Jodhpur)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Appellant(s)           :    Mr.J.Gehlot.
For Respondent(s)          :    Mr.Gaurav Singh, P.P.
For Complainant(s)         :    Mr.Madan Lal Balai.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                JUDGMENT

11/09/2023

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 5.8.2023

passed by learned Special Judge, Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in

Cr.Misc. Bail Application No.310/2023, whereby the bail application

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

FIR No.161/2023 registered at Police Station Soorsagar, District

Jodhpur City (West), for offences under Sections 376, 376(2)(N)

of IPC and Sections 3(2)(v) 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. Drawing

attention of the Court towards the FIR, learned counsel submitted

[2023:RJ-JD:28885] (2 of 3) [CRLAS-1609/2023]

that the prosecutrix is a mature lady aged about 30 years.

Learned counsel submitted that the prosecutrix is living separately

from her husband. The allegation against the present appellant is

of establishing physical relations with the prosecutrix on the basis

of promise of marriage. Learned counsel submitted that the

prosecutrix in the FIR has admitted the fact that the prosecutrix

was having relations with the appellant since 2017, which is

sufficient to indicate that it is not a case of commission of sexual

assault upon the prosecutrix by making false promise of marriage.

As a matter of fact, the prosecutrix has falsely implicated the

appellant in a criminal case on mutual relationship between the

appellant and prosecutrix turning sour.

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 opposed the bail

application.

Heard learned counsel for the appellant, learned Public

Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and

circumstances of the case so also the fact that the prosecutrix who

is a mature married woman was in consensual relationship with

the present appellant since 2017, 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.

[2023:RJ-JD:28885] (3 of 3) [CRLAS-1609/2023]

Accordingly, the appeal under Section 14A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act is allowed. The order dated 5.8.2023 passed by learned

Special Judge, Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act Cases, Jodhpur Metro is set aside and it is

ordered that the accused-appellant- Vinay Kumar Ranga S/o

Shri Gajanand @ Babu Ji shall be enlarged on bail in connection

with FIR No.161/2023 registered at Police Station Soorsagar,

District Jodhpur City (West), 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.438

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