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2023 DIGILAW 1372 (RAJ)

Bhagwati Lal S/o Amba Lal Kumawat v. State of Rajasthan

2023-07-13

KULDEEP MATHUR

body2023
JUDGMENT : 1 The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 1.5.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Chittorgarh in Cr. Case No.80/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.197/2023 registered at Police Station Kotwali Nimbahera, District Chittorgarh, for offences under Sections 376, 376(2)(N), 506 of IPC and Section 3(1)(w)(i)(ii) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected. 2 Learned counsel submitted that the appellant has been falsely implicated in the present case. The allegation against the appellant is that by snapping obscene photographs and recording obscene videos of the complainant, the appellant blackmailed her and committed sexual assault upon her. Learned counsel submitted that as per the FIR, the complainant was subjected to sexual assault about one year prior to the date of lodging of the FIR but no satisfactory explanation for delay has been furnished. Learned counsel submitted that as a matter of fact, the appellant and the complainant were having consensual sexual relationship, however, on their relations turning strained, the appellant has been roped in a false criminal case. To strengthen aforesaid argument, attention of the Court was drawn towards various documents annexed by the investigating agency along with charge sheet dated 26.05.2023 submitted by it before competent criminal court after making thorough investigation in the FIR lodged by the complainant. The documents annexed with the charge sheet shows that the appellant and the complainant exchanged about 880 calls with each other in last one year and on more than 5 occasions, stayed together in various hotels. Learned counsel submitted that in view of above, the complainant was having ample opportunities to disclose the fact of she being subjected to sexual assault to her known persons or family members in last one year. Lastly, learned counsel submitted that from the perusal of the charge sheet, it further reveals that no obscene photograph or video as allegedly used by the appellant to blackmail the complainant have been recovered during investigation. It was submitted that challan has already been filed in the present case. Lastly, learned counsel submitted that from the perusal of the charge sheet, it further reveals that no obscene photograph or video as allegedly used by the appellant to blackmail the complainant have been recovered during investigation. It was submitted that challan has already been filed in the present case. 3 On these grounds, learned counsel implored the court to accept the appeal filed by the appellant and enlarge him on bail. 4 Per contra, learned Public Prosecutor and learned counsel for the complainant opposed the appeal. 5 Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record. 6 Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the appellant on bail. 7 Accordingly, the appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed. The order dated 1.5.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Chittorgarh in Cr. Case No.80/2023 is set aside and it is ordered that the accused-appellant-Bhagwati Lal S/o Amba Lal Kumawat shall be enlarged on bail in connection with FIR No.197/2023 registered at Police Station Kotwali Nimbahera, District Chittorgarh, provided he furnishes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so. 8 It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of the instant appeal. The trial court shall not get prejudiced by the same.