The Rajasthan High Court dismissed the bail appeal of an appellant accused of crimes under the SC/ST Act. The prosecution witness alleged kidnapping and outrage of modesty involving the appellant. The court rejected bail without expressing an opinion on the merits of the case.
Appeal dismissed and prayer for grant of bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 1559 / 2017
Teekaram s/o Shri Hariram, by caste Bairwa, r/o Aadudi, Police Station Soorwal, District Sawaimadhopur.
(At present confined in District Jail, Sawaimadhopur)
----Appellant
Versus
State Of Rajasthan Through Pp
----Respondent
For Appellant(s) : Mr. Tarun Jain.
For Respondent(s) : Mr. R.S. Shekhawat, PP.
HON'BLE MR. JUSTICE G R MOOLCHANDANI
Order
24/11/2017
Heard learned counsel for the appellant as well as learned Public Prosecutor and perused the material on record.
Appellant has filed this appeal u/s 14 (A) of the SC/ST (Prevention of Atrocities) Act, seeking regular bail in FIR No. 28/2016 registered at Police Station Soorwal, Swaimadhopur.
Counsel for the appellant has contended that the appellant is behind the bars for more than two years and he has not committed any offence, aunt of the prosecutrix has asserted that the accused was having love affairs with the prosecutrix and she is a major girl, appellant has not committed any offence, he will face the trial, so the present appeal be accepted and the appellant be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail application and the present appeal.
Heard both the sides and perused the record.
(2 of 2)
[CRLA-1559/2017]
Prosecutrix V. (name of the prosecutrix is kept latent) while examined in the court during trial, has candidly deposed that she was threatened and forcibily outraged, name of Tikaram along with other accused persons has also been stated to have been involved in kidnapping and striping the prosecutrix and deposition is indicating involvement of Tikaram.
Considering facts and circumstance of the case and material available on the record, but without expressing any opinion on the merits of the case, the factual aspect discussed above restrains the court for indulgence to grant bail to the appellant.
Therefore the instant appeal preferred by appellant Tikaram is hereby dismissed and his prayer for grant of bail is also rejected.
(G R MOOLCHANDANI)J.
Ashu/30
1 issue framed by the court
Whether the appeal for regular bail under Section 14(A) of the SC/ST (Prevention of Atrocities) Act should be allowed given the serious nature of the allegations.
Teekaram s/o Shri Hariram
State Of Rajasthan Through Pp
G R MOOLCHANDANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
