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2019 DIGILAW 3054 (RAJ)

Prakash v. State of Rajasthan

2019-12-17

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - This criminal appeal under Section 14A(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 18.09.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.457/2019 (CIS No.264/2019), whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.66/2019 of Police Station Ghasa, District Udaipur for the offences punishable under Sections 344 and 376 IPC and Section 3(2)(V) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the prosecutrix is married to one Ratanlal, however, when Ratanlal assaulted her, after consuming liquor, she left his hose and returned to her parents' house. It is also submitted that the allegations of sexual assault and kidnapping against the appellant are absolutely false because the prosecutrix eloped with the appellant as per her own free will and lived in his house for about 12 days. It is submitted that when the prosecutrix returned to his house she has levelled false allegation of sexual assault against the appellant. It is further submitted that the prosecutrix is major and married lady and was in relationship with the appellant for quite some time. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. 5. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record. 6. Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that the prosecutrix is major and married lady and lived with the appellant for about 12 days in his house, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 18.09.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur in Criminal Misc. Case No.457/2019 (CIS No.264/2019) is set aside. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 18.09.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur in Criminal Misc. Case No.457/2019 (CIS No.264/2019) is set aside. It is directed that appellant - Prakash S/o Roda Ji Dangi shall be released on bail in connection with FIR No.66/2019 of Police Station Ghasa, District Udaipur provided he executes a personal bond in a 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.