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2022 DIGILAW 186 (RAJ)

Dhagla Ram v. State Of Rajasthan

2022-01-19

VINIT KUMAR MATHUR

body2022
JUDGMENT Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). 2. The instant appeal has been filed under Section 14a(2) SC/ ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No. 538/2021, Police Station Udaimandir, District Jodhpur for the offences under Sections 384, 376(2)(N), 377 and 506 IPC I.P.C. and Section 3(2)(V) and 3(2) (Va) of the SC/ST (Prevention of atrocities) act against the order dated 18/12/2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Jodhpur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 3. Heard. Perused the material available on record. 4. It is submitted by learned counsel for the appellant that the appellant and the prosecutrix Mst. 'K' are known to each other for pretty long time and FIR has been registered after a period of one year and ten months for which there is no plausible explanation. Learned counsel submits that the appellant had been depositing the amount towards the recharging of the mobile and other expenses as and when demanded by Mst.'K'. The appellant was moving with Mst.'K' freely in the town without raising any alarm even after the first incident of rape is stated by Mst.'K' in her statements. The prosecurtrix is a major married lady of 26 years. 5. The submissions of learned counsel for the appellant gets corroborated from the statements of Mst.'K' recorded under Sections 161 and 164 Cr.P.C. 6. Learned public prosecutor and learned counsel for the complainant have vehemently opposed the bail application. 7. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail. 8. Consequently, the instant appeal is allowed. The impugned order dated 18/12/2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Dhagla Ram S/o Shri Kewal Ram arrested in connection with F.I.R. No. 538/2021, Police Station Udaimandir, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. It is ordered that the accused-appellant Dhagla Ram S/o Shri Kewal Ram arrested in connection with F.I.R. No. 538/2021, Police Station Udaimandir, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.