Allowed

Babu Lal v. State of Rajasthan

Rajasthan HC26 Aug 2021CRLAS/590/2021

Case brief

AI extract

What is this about?

In Special Criminal Appeal No. 590/2021, the High Court of Rajasthan allowed the appeal against the rejection of a bail application. The court observed a two-year delay in FIR filing and admitted sexual relations, condoning them no opinion on merits and releasing the appellant on bail. The impugned order of the Special Judge was set aside. The appellant was to furnish a personal bond and sureties

What did the court decide?

The impugned order dated 12.07.2021 is set aside. The accused-appellant Babu Lal is released on bail by furnishing a personal bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Babu Lal Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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...

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S.B. Criminal Appeal No. 590/2021

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Babu Lal S/o Sohan Lal, Aged About 37 Years, R/o Mainar, P.s. Kheroda, Tehsil Vallabh Nagar District Udaipur (At Present Lodged In Central Jail, Udaipur)

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----Appellant

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Versus

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State Of Rajasthan through PP

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Indra Das D/o Prakash Das, R/o Sukhwaton Ka Guda, P.s. Sayra, District Udaipur.

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----Respondents

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For Appellant(s) : Mr. Abhishek Charan For Respondent(s) : Mr. Shrawan Bishnoi, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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26/08/2021

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Learned Public Prosecutor seeks time for compliance of court’s order dated 20.07.2021.

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Learned counsel for the appellant submitted photocopy of certified notice and stated that service has already been effected upon the respondent No.2. As per the submitted document and report of beat Constable Mukesh Kumar (No. 1692), one copy of the notice was given to Indra Das(complainant) by him, therefore, service is complete.

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Despite service nobody has appeared on behalf of respondent No.2(complainant).

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The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant,

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(2 of 3)

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[CRLAS-590/2021]

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who is in custody in connection with FIR No.81/2021, Police Station Sayra, District Udaipur, for the offences under Sections 450, 376(2)(N) of IPC and Section 3(1)(W) & 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 12.07.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the appellant stated that prosecutrix is 22 years old lady; as per the prosecution, incident took place two years ago and FIR was filed after a delay of two years and there is no explanation for delay in filing the FIR; accused-petitioner and complainant are known to each other and due to some other dispute, accused-petitioner has wrongly been implicated in this case; charge-sheet has been filed and trial will take long time. With these submission, learned counsel for the appellant prayed that benefit of bail may be granted to the appellant.

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Per contra, learned Public Prosecutor opposed the bail application and stated that on the basis of obscene photographs and videos, prosecutrix was blackmailed by the accused-petitioner.

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Having regard to the facts and circumstances of this case and particularly to the facts that FIR was filed after a delay of two years; Prosecutrix has admitted in her statements recorded under Section 164 Cr.P.C. that sexual relations were made many times between her and the petitioner; charge-sheet has been filed and trial of the case will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of this case, this

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(3 of 3)

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[CRLAS-590/2021]

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Court is of the opinion that the appellant deserves to be enlarged on bail.

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Consequently, the instant appeal is allowed. The impugned order dated 12.07.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur is set aside. It is ordered that the accused-appellant -Babu Lal S/o Sohan Lal, arrested in connection with FIR No.81/2021, Police Station Sayra, District Udaipur, 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.

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(DEVENDRA KACHHAWAHA),J

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206-Ashish/-

Babu Lal v. State of Rajasthan

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Babu Lal v. State of Rajasthan

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