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2022 DIGILAW 3014 (RAJ)

Umesh Kumar v. State of Rajasthan

2022-12-19

FARJAND ALI

body2022
JUDGMENT Farjand Ali, J. - The instant appeal has been filed under Section 14A of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 190/2022 registered at Police Station Mahila Thana District Sriganganagar for the offences under Sections 376 (2) (n) of IPC and Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act. 2. Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record. 3. It is submitted by learned counsel for the appellant that no offence as alleged in the FIR and the statement is made out. 4. There was consensual sexual relationship in between the petitioner and the prosecutrix who is a grown up major lady. The fact can be taken from the FIR itself wherein the prosecutrix has stated that she used to live with the petitioner in the form of live-in-relationship and there was willful fornication and she got conception, whereafter she took pills for termination of the pregnancy, and as such no offence under the provisions of SC/ST is made out and in the given circumstances of the case, it cannot be said to be a case of rape, therefore, benefit of bail may be granted to the appellant. 5. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. 6. Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, I am of the opinion that the appellant deserves to be enlarged on bail. 7. Consequently, the instant appeal is allowed. The impugned order dated 25.11.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sriganganagar is set aside. It is ordered that the accused-appellant-Umesh Kumar S/o Late Sahabram 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.