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2021 Supreme(Raj) 591
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Pankaj Bhandari, J.
Manoj Kumar Bhardwaj - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 285 of 2021
Decided on : 09-03-2021
Nitesh Pareek, Advocate, Ajay Kumar, Advocate, Bajpai, Advocate, Vivek Choudhary, Advocate, J.R. Chaudhary, Advocate, Sher Singh Mahla, Advocate
The specific allegations in the FIR and the bar under Section 18-A of the SC/ST Act influenced the court's decision to dismiss the appellant's bail application.
Headnote:
Bail Application - SC/ST Act - The court dismissed the appellant's bail application under Section 438 Cr.P.C. based on specific allegations and the bar under Section 18-A of the SC/ST Act, which made the court inclined to reject the appeal.
Fact of the Case:
The appellant appealed against the rejection of his bail application by the Special Judge SC/ST Cases, Jaipur. The FIR was registered for offences under Sections 420, 406, 376 I.P.C. and Sections 3(1)(w) of SC/ST Act. The appellant contended that the case against him was false and that the complainant had a relationship with him willingly and had also filed a complaint against someone else to extract money.
Finding of the Court:
The court considered the contentions of the appellant, the complainant being a widow, and the specific allegations in the FIR. The court found that the specific allegations and the bar under Section 18-A of the SC/ST Act led to the dismissal of the appeal.
Issues: The issues involved the rejection of the appellant's bail application under Section 438 Cr.P.C. and the specific allegations in the FIR related to the SC/ST Act and IPC offences.
Ratio Decidendi: The court's decision was influenced by the specific allegations in the FIR, the bar under Section 18-A of the SC/ST Act, and the complainant's status as a widow.
Final Decision: The Criminal Appeal was dismissed, upholding the rejection of the appellant's bail application.
JUDGMENT
Pankaj Bhandari, J. - Appellant has preferred this appeal aggrieved by order dated 13.01.2021 passed by Special Judge SC/ST Cases, Jaipur whereby, bail application filed by the appellant under Section 438 Cr.P.C. was rejected.
2. F.I.R. No.16/2020 was registered at Police Station Chitrakoot Jaipur for offence under Sections 420, 406, 376 I.P.C. and Sections 3(1)(w) of SC/ST Act.
3. It is contended by counsel for the appellant that a false case has been registered against the appellant. From the allegation, it is evident that the complainant was having relationship with the appellant on her own free will. It is also contended that appellant has given money to the complainant and the complainant had earlier also filed a complaint against some other person and has extracted money.
4. Learned Public Prosecutor and counsel for the complainant have opposed the appeal. It is contended that Section 18-A of the SC/ST Act bars entertaining of Bail Application under Section 438 Cr.P.C. It is also contended that at this stage, only FIR is to be read and from the perusal of FIR, offence under the SC/ST Act alongwith IPC is made out.
5. I have considered the contentions.
6. The complainant is a widow, who has alleged in the FIR that the appellant promised to marry her and on account of the promise, continued to have sexual relation with her. It is also contended that the appellant has taken money from the complainant. There being specific allegation and bar under Section 18-A of SC/ST Act, I am not inclined to entertain the appeal.
7. The Criminal Appeal is accordingly, dismissed.
