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2020 DIGILAW 187 (RAJ)

Vikram Dan @ Vikram Kaviya v. State of Rajasthan

2020-01-21

VIJAY BISHNOI

body2020
JUDGMENT 1. 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 30.11.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.346/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.261/2019 of Police Station Balesar, District Jodhpur for the offences punishable under Sections 363, 366 and 376 IPC and Sections 3(l)(W-i) and 3(2)(VA) of SC/ST Act. Learned counsel for the appellant has submitted that the age of the prosecutrix was 19 years on the day of the incident. It is submitted that as a matter of fact the prosecutrix eloped with the appellant on 27.09.2019 and visited several placed up to 01.10.2019, thereafter, she appeared before the police and her statements were recorded under Section 161 Cr.P.C. on 01.10.2019, wherein she has specifically stated that she went with the appellant as per her own free will and the appellant not done anything wrong with her, however, later on, in her statements recorded under Section 164 Cr.P.C. on 05.10.2019, she has levelled allegations of sexual assault and kidnapping against the appellant under the pressure of her family members. Learned counsel for the appellant has submitted that as a matter of fact the relationship between the appellant and the prosecutrix were consensual and both were major on the day of incident and the appellant has falsely been implicated in this case. 3. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. 4. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record. 5. Having regard to the totality of the facts and circumstances of the case, 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. 6. 5. Having regard to the totality of the facts and circumstances of the case, 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. 6. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 30.11.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Jodhpur in Criminal Misc. CaseNo.346/2019 is set aside. It is directed that appellant - Vikram Dan @ Vikram Kaviya S/o Shakti Dan Kaviya shall be released on bail in connection with FIR No.261/2019 of Police Station Balesar, District Jodhpur 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.