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Rajasthan High Court · body

2019 DIGILAW 3072 (RAJ)

Govind v. State

2019-12-17

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - 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 28.11.2019passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.566/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.135/2019 of Police Station Jawarmines, District Udaipur for the offences punishable under Sections -376, 420 IPC and under Sections 3(1)(w)(i), 3(2) (Va) of SC/ST Act 3. Learned counsel for the appellant has submitted that allegations against the appellant of sexual assault and cheating are absolutely false. It is submitted that though the appellant was in relation with the prosecutrix from quite some time and was also desires to marry her but the family members of the prosecutrix and the appellant were not agreed to solemnize their marriage. It is submitted that the prosecutrix has earlier filed a complaint against the appellant on 16.04.2018 at Police Station Jawarmines, District Udaipur alleging that the appellant is not keeping his promise to marry her and is desires to marry somewhere else. It is submitted that the said complaint was later on withdrawn by the prosecutrix on 09.05.2019 and the police have closed the investigation in relation to the complaint of the prosecutrix. 4. It is argued that the appellant has solemnized marriage with one Rupa on 24.06.2019 and the prosecutrix fully in knowledge of the above fact has filed this complaint on 07.11.2019 alleging that appellant is sexually assaulting her since year 2017 while giving her a false promise of her marriage. Though in the earlier complaint, filed in the year 2017 and withdrawn, no such allegation of sexual assault has been levelled by the prosecutrix. It is therefore argued that the allegations levelled by the prosecutrix is absolutely false. 5. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. 6. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record. 7. It is therefore argued that the allegations levelled by the prosecutrix is absolutely false. 5. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. 6. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record. 7. Having regard to the totality of the facts and circumstances of the case and taking into consideration the fact that regarding the earlier complaint filed by the prosecutrix, 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. 8. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 28.11.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.566/2019 is set aside. It is directed that appellant Govind S/o Shri Ganesh Lal Mali shall be released on bail in connection with FIR No.135/2019 of Police Station Jawarmines, District Udaipur 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.