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2021 DIGILAW 414 (RAJ)

Rishabh Sharma v. State of Rajasthan

2021-02-17

PANKAJ BHANDARI

body2021
JUDGMENT : Pankaj Bhandari, J. 1. The appellant has preferred this appeal aggrieved by order dated 12.01.2021 passed by Special Judge SC/ST (Prevention of Atrocities Cases) Jaipur Metropolitan Ist, Jaipur, whereby bail application filed by the appellant was rejected. 2. F.I.R. No. 632/2020 was registered at Police Station Jawahar Circle Jaipur for offence under Section 376(2)(n) I.P.C. and Sections 3(1)(w)(i), 3(1)(w)(ii), 3(1)(r) and 3(1)(s) SC/ST Act. 3. It is contended by the counsel for the appellant that prosecutrix is aged 37 years and appellant is aged 24 years. As per the F.I.R., the appellant and prosecutrix were in a relationship from last 4 years. Prosecutrix was a married lady and has obtained divorce in December, 2017. It is also contended that whatever transpired between two, was a consensual relationship. Appellant took her to different places to finalize the venue of marriage but now prosecutrix is demanding money for solemnizing the marriage. 4. Learned Public Prosecutor and counsel for the complainant have opposed the appeal. It is contended that prosecutrix had initially told the appellant that she is elder to him and that she is married and separated from her husband. 5. I have considered the contentions. 6. Considering the contentions put-forth by the counsel for the appellant, I deem it proper to allow the appeal. 7. The order dated 12.01.2021 is set aside and the appeal is allowed and the appellant is directed to be released on bail provided he furnishes a personal bond of Rs. 1,00,000/- (Rupees One Lakh only) and two sureties in the sum of Rs. 50,000/- (Rupees Fifty thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so.