Allowed

Vikash Kumar v. State of Rajasthan

Rajasthan HC3 Jul 2023CRLAS/161/2023

Case brief

AI extract

What is this about?

This criminal appeal concerns the bail of the appellant under the SC/ST Act following a rape charge. The High Court allowed the appeal, set aside the lower court's bail rejection, and directed the appellant's release on personal and surety bonds pending trial.

What did the court decide?

The order rejecting bail is set aside; the appellant is to be released on bail pending trial by furnishing a personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.

Vikash Kumar Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023:RJ-JD:19245]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 161/2023

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Vikash Kumar S/o Sh. Ramjilal Jat, Aged About 22 Years, Raiyatunda, P.s. Sahava, Dist. Churu. (At Present Lodged In Dist. Jail, Churu).

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----Appellant

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Versus

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State Of Rajasthan, Through PP

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Pooja Meghwal D/o Chayanan Ram Meghwal, Raiyatunda, Teh. Taranagar, Dist. Churu.

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----Respondents

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For Appellant(s) : Mr. K.R. Saharan. For Respondent(s) : Mr. A.R. Choudhary, PP. Mr. Jaidev Singh.

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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03/07/2023

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Heard learned counsel representing the appellant, learned Public Prosecutor and learned counsel representing the complainant. Perused the material available on record.

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This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved by the order dated 24.01.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Churu in Cr. Misc. Case No.47/2023 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.187/2022, Police Station Sahawa, District Churu, for the offences under Sections 447, 376

[CRLAS-161/2023]

[2023:RJ-JD:19245]

(2 of 3)

and 506 IPC, Sections 3(1)(r), 3(1)(s) and 3(2)(V) of the SC/ST Act.

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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 for the appellant submitted that as per the FIR, the prosecutrix was subjected to sexual assault/ rape by the present appellant on 26.10.2022. Learned counsel submitted that as a matter of fact, the appellant and prosecutrix were in consensual sexual relationship and a false FIR has been filed against the appellant.

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To substantiate aforesaid contention, attention of the Court was drawn towards the statement of the prosecutrix (PW-1) recorded before the competent criminal court on 12.05.2023. Learned counsel submitted that in the court statements, the prosecutrix has clearly admitted that she knew the appellant from last two and half years so much so that a mobile phone was also gifted by the appellant to the prosecutrix which was being used for making regular phone calls to the appellant. Learned counsel submitted that as per the statement of the prosecutrix, she was subjected to sexual assault by the appellant on 25.10.2022 which is contradictory to the date of incident mentioned in the FIR.

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Learned counsel submitted that from perusal of the statement of the prosecutrix recorded before the competent criminal court, it is evident that the appellant and the prosecutrix who are teen aged boy and girl, wanted to remain in each other’s company, however, on their relations turning strained, the appellant has been falsely roped in the present case. On these grounds, he implored the Court to enlarge the petitioner on bail.

[2023:RJ-JD:19245]

[CRLAS-161/2023]

(3 of 3)

Learned Public Prosecutor and learned counsel representing the complainant have vehemently opposed the bail application.

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Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the appellant is entitled to be released on bail.

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Consequently, the appeal is allowed. The order dated 24.01.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Churu is set aside. It is ordered that the accused-appellant Vikash Kumar S/o Sh. Ramjilal Jat arrested in connection with FIR No.187/2022, Police Station Sahawa, District Churu shall be released on bail during pendency of the trial; provided he furnishes personal bond of Rs.50,000/- and two surety bonds 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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(KULDEEP MATHUR),J

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103-Tikam/-

Vikash Kumar v. State of Rajasthan

Case brief

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Vikash Kumar v. State of Rajasthan

Case brief

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