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2023 DIGILAW 1710 (RAJ)

Vinay Kumar Ranga S/o Shri Gajanand @ Babu Ji v. State Of Rajasthan

2023-09-11

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 5.8.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr.Misc. Bail Application No.310/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.161/2023 registered at Police Station Soorsagar, District Jodhpur City (West), for offences under Sections 376, 376(2)(N) of IPC and Sections 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected. 2. Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Drawing attention of the Court towards the FIR, learned counsel submitted that the prosecutrix is a mature lady aged about 30 years. Learned counsel submitted that the prosecutrix is living separately from her husband. The allegation against the present appellant is of establishing physical relations with the prosecutrix on the basis of promise of marriage. Learned counsel submitted that the prosecutrix in the FIR has admitted the fact that the prosecutrix was having relations with the appellant since 2017, which is sufficient to indicate that it is not a case of commission of sexual assault upon the prosecutrix by making false promise of marriage. As a matter of fact, the prosecutrix has falsely implicated the appellant in a criminal case on mutual relationship between the appellant and prosecutrix turning sour. 3. Learned counsel submitted that the appellant is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellant. 4. Per contra, learned Public Prosecutor opposed the bail application. 5. Heard learned counsel for the appellant, learned Public Prosecutor. Perused the material available on record. 6. Having considered the rival submissions, facts and circumstances of the case so also the fact that the prosecutrix who is a mature married woman was in consensual relationship with the present appellant since 2017, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the appellant deserves to be enlarged on bail. 7. Accordingly, the appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed. 7. Accordingly, the appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed. The order dated 5.8.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro is set aside and it is ordered that the accused-appellant-Vinay Kumar Ranga S/o Shri Gajanand @ Babu Ji shall be enlarged on bail in connection with FIR No.161/2023 registered at Police Station Soorsagar, District Jodhpur City (West), 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.