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2019 DIGILAW 3123 (RAJ)

Ramesh Kumar v. State of Rajasthan

2019-12-19

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 03.12.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Bikaner (hereinafter to be referred as 'trial court') in Criminal Misc. Bail No.1794/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.340/2019 of Police Station Nayashahar, District Bikaner for the offence punishable under Section 3(2)(V) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the allegation levelled against the appellant by the prosecutrix of sexual assault while making false promise to marry her is absolutely false. It is submitted that the prosecutrix is major and was in consensual relationship with the appellant. It is submitted that the appellant and the prosecutrix visited several tourist places together and the family members particularly, the mother of the prosecutrix was aware about the same. It is further submitted that as a matter of fact, the appellant used to spent huge money on the prosecutrix, however, the prosecutrix and her mother started blackmailing the appellant and demanded huge money from him thereafter in between this, the prosecutrix started living with the appellant in live in relationship and the mother of the prosecutrix lodged a missing person report at Police Station Nayashahar, District Bikaner on 23.04.2019, in which, the prosecutrix appeared before the police and gave statements on 08.05.2019 saying that she started living with the appellant in live in relationship as per her own free will. It is also submitted that after giving such statements, when the prosecutrix demanded money from the appellant and when he refused to give the same, then in June, 2019, this false FIR was lodged against him. 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. 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, after perusing the case diary, wherein the police have collected several photographs of the appellant and the prosecutrix together and taking into consideration the statements of the prosecutrix given to the police in the missing person report, 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 03.12.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Bikaner in Criminal Misc. Bail No.1794/2019 is set aside. It is directed that appellant - Ramesh Kumar S/o Balkishan shall be released on bail in connection with FIR No.340/2019 of Police Station Nayashahar, District Bikaner 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.