Sheru Khan vs State Of Rajasthan ...
2023 Latest Caselaw 7028 Raj

[2023:RJ-JD:28897]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Appeal (SB) No. 48/2023

Sheru Khan S/o Deen Mohammad, Aged About 21 Years, R/o
Nosar, Police Station Baytu, District Barmer.
(At Present Lodged In District Jail Balotra)
                                                                    ----Appellant
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Jasraj S/o Shri Koja Ram, R/o Shivnagar, Police Station
         Sadar, District Barmer.
                                                                 ----Respondents


For Appellant(s)           :    Mr.Ratna Ram,
                                Mr.Bhima Ram.
For Respondent(s)          :    Mr.Mool Singh, P.P.



            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 20.10.2022

passed by learned Special Judge, POCSO Act Cases, Balotra in

Cr.Misc. Bail Application No.262/2022, whereby the bail application

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

FIR No.229/2022 registered at Police Station Sadar, District

Barmer, for offences under Sections 363, 366A, 376(3), 376(2)(N)

of IPC and Sections 5(I)/6, 11(IV)/12 of POCSO Act and Sections

3(1)(w)(ii) and 3(2)(v) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, has been rejected.

[2023:RJ-JD:28897] (2 of 3) [CRLAS-48/2023]

Learned counsel for the appellant submitted that the

appellant who is aged about 20 years developed consensual

sexual relationship with the prosecutrix. Drawing attention of the

Court towards the statements of the prosecutrix recorded before

competent criminal court as P.W.1, learned counsel submitted that

the prosecutrix in her statements has stated that accused-

appellant developed physical relation with her by making false

promise of marrying her. Learned counsel further submitted that

statements of the prosecutrix have already been recorded before

competent criminal court, therefore, there is no apprehension of

the appellant influencing the prosecutrix or tampering with any

material evidence.

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 appellant who

is aged about 20 years is in judicial custody since 29.6.2022;

statements of the prosecutrix have already been recorded before

competent criminal court, therefore, there is no any apprehension

of she being influenced by the appellant, without expressing any

[2023:RJ-JD:28897] (3 of 3) [CRLAS-48/2023]

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 20.10.2022 passed by learned

Special Judge, POCSO Act Cases, Balotra is set aside and it is

ordered that the accused-appellant- Sheru Khan S/o Deen

Mohammad shall be enlarged on bail in connection with FIR

No.229/2022 registered at Police Station Sadar, District Barmer,

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.423

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