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2022 DIGILAW 2556 (RAJ)

Ravi @ Mota S/o Daulatram v. State of Rajasthan

2022-10-10

SAMEER JAIN

body2022
ORDER 1. 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. 184/2022 Police Station Sadar District Alwar, for the offences under Sections 376D and 342 of IPC and Sections 5/6 of POCSO Act and Section 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act. 2. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in the matter. The present complaint was filed by complainant-husband stating that his wife was physically assaulted by appellant. Learned counsel has submitted that the informant/complainant-husband has turned hostile which is evident from statements of PW5. Learned counsel further submitted that neither is the victim in question turning up for recording of court statements, nor could she be located at her maternal place. Learned counsel has also relied upon the medical report dated 26.02.2022 and submitted that there were no signs of any injury. Learned counsel further submitted that as the complainant-husband and victim-wife were married, the victim in question cannot be a minor. 3. Per contra, learned Public Prosecutor has opposed the appeal. Learned Public Prosecutor has relied upon the statements recorded under Section 164 of Cr.P.C. 4. Considering the arguments advanced by learned counsel for the parties and considering that complainant/informant, who is also husband of the victim, has turned hostile which is evident by way of statements recorded on 07.09.2022; that the victim in question is not turning up for recording her court statements during trial phase; that the medical report is not reflecting any injuries; that there is a dispute regarding the minor/major status of the victim as the victim is a married lady and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail. 5. Consequently, the instant appeal is allowed. The impugned order dated 28.04.2022 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Alwar, is set aside. 5. Consequently, the instant appeal is allowed. The impugned order dated 28.04.2022 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Alwar, is set aside. It is ordered that the accused-appellant Ravi @ Mota S/o Daulatram arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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.