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2019 DIGILAW 1674 (RAJ)

BUDHARAM v. STATE OF RAJASTHAN, THROUGH P. P.

2019-05-28

VIJAY BISHNOI

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JUDGMENT : 1. This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as the SC/ST Act) has been filed on behalf of the appellant being aggrieved with the order dated 26.04.2019 passed by the Special Court, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as trial court) in Criminal Misc. (Bail) Case No. 100/2019 (CIS No. 100/2019) whereby, the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 26/2019 of Police Station Dangiyawas, District Jodhpur for the offences punishable under Sections 366, 376 IPC & Section 3(1) (w) & 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. 3. Learned counsel for the appellant has submitted that prosecutrix left her house on 18.02.2019 and in relation to that, a missing person report was lodged by father of the prosecutrix at Police Station Dangiyawas, District Jodhpur on 20.02.2019. The prosecutrix was recovered on 28.02.2019 and she gave her statements before the police that she went from her house on 18.02.2019 without informing to anybody and now she wants to go with her parents. Her statements under Section 164 Cr.P.C. have been recorded in missing person report on 16.02.2019 in which she has reiterated that she went from her house on her own free will and nobody abducted her. Thereafter, on 08.03.2019, prosecutrix submitted a written report alleging that when she went for easing herself on 18.02.2019 out of her house, two persons came there on motorcycle abducted her and kept her in confinement in Khatisayani Village and sexually assaulted her for several days. The Police Station at Dangiyawas registered FIR No. 26/2019 on the basis of written complaint filed by the prosecutrix her statements were recorded under Section 161 Cr.P.C. wherein for the first time, she alleged that two persons abducted her on 18.02.2019. Learned counsel has further submitted that the appellant has falsely been implicated in this case, he has not been named in the FIR and no such incident as alleged in the complaint ever took place. 4. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the prayer made on behalf of the appellant in this criminal appeal. 5. 4. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the prayer made on behalf of the appellant in this criminal appeal. 5. Having regard to the totality of the facts and circumstances of the case and having gone through the case diary and taking into consideration the fact that in the missing person report, the prosecutrix has specifically stated that she went from her house on her own free will and nobody abducted her and she reiterated the statements recorded under Section 164 Cr.P.C., however the prosecutrix in FIR No. 26/2019 has levelled allegation of abduction against co-accused Goparam and she has not named the present appellant, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act. 6. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 26.04.2019 passed by the trial court in Criminal Misc. (Bail) Case No. 100/2019 (CIS No. 100/2019) is set aside. It is directed that appellant Budharam S/o Late Shri Munnaram Puniya shall be released on bail in connection with FIR No. 26/2019 of Police Station Dangiyawas, District Jodhpur provided he executes a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.