Special Criminal Appeal filed challenging rejection of bail application under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Court allowed appeal and enlarged appellant on bail subject to conditions.
Accused-appellant enlarged on bail by furnishing personal bond of Rs.50,000 with two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 104/2023
Gopal Singh S/o Sh. Ram Singh, Aged About 29 Years, R/o Devigarh, Shergarh District Jodhpur. (Presently Lodged In Central Jail, Jodhpur)
----Appellant
----Respondents
For Appellant(s) : Mr.Umesh Kalla. For Respondent(s) : Mr.Laxman Solanki, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR ORDER
18/07/2023
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 27.12.2022 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Case No.3167/2022, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.636/2022 registered at Police Station Kudi Bhagtasani, District Jodhpur City West, for offences under Sections 365, 323, 376(2) (n), 506 of IPC and Section 3(1)(r)(s)(wi), 3(2)(v)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.
Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Drawing attention towards the FIR dated 29.10.2022 and charge-sheet
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dated 30.12.2022 submitted by the investigating agency before competent criminal court, learned counsel for the appellant submitted that prosecutrix voluntarily eloped with the appellant on 7.10.2022. Learned counsel submitted that the prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has clearly stated that she telephonically informed her sister about she leaving the house and thereupon, a Missing Person Report was lodged by her father on 7.10.2022 at PS Kudi Bhagtasani, District Jodhpur.
Learned counsel further submitted that prosecutrix remained in the company of the appellant for about 20 days out of her own will and volition and travelled with him to various places including Pune (Maharashtra) using public transportation. Learned counsel submitted that prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has also stated that during the period she remained with the appellant, they stayed in a hotel situated in thickly populated area. Learned counsel submitted that in view of aforesaid, the prosecutrix had ample opportunities of disclosing the factum of she being abducted or subjected to sexual assault by the appellant to the co-passengers or co-occupants of the hotel. Learned counsel submitted that the appellant has been falsely roped in a criminal case.
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 accusedappellant.
Per contra, learned Public Prosecutor opposed the appeal.
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Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.
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.
Accordingly, the appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed. The order dated 27.12.2022 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro in Cr. Case No.3167/2022 is set aside and it is ordered that the accused-appellant- Gopal Singh S/o Sh. Ram Singh shall be enlarged on bail in connection with FIR No.636/2022 registered at Police Station Kudi Bhagtasani, 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.
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.
(KULDEEP MATHUR),J
/tarun goyal/ Sr.No.263
1 issue framed by the court
Whether the appellant is entitled to bail after his bail application was rejected by the trial court.
1 provisions across 1 enactments
Gopal Singh
State Of Rajasthan
Seema
Kuldeep Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
