The Court considered the consent in the relationship and the facts and circumstances of the case in deciding to grant bail to the appellant.

JUDGMENT

Kuldeep Mathur, J. - The present appeal has been filed by the appellant under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act against the order dated 15.10.2022 passed by the learned Special Court, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur Metro in Criminal Misc. Case No.390/2022, arising out of FIR No.273/2022, P.S. Luni, Jodhpur for the offences under Sections 376(2)(n), 384, 366 and 120-B of the Indian Penal Code; Section 67 of the IT Act and Sections 3(1)(w)(ii), 3(2)(v) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, whereby the bail application filed under Section 439 of the Code of Criminal Procedure of the appellant has been dismissed.

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

3. While drawing attention of the Court towards the statement of the prosecutrix recorded under Section 161 Cr.P.C., learned counsel for the appellant submits that from the perusal of the statement of the prosecutrix, it is evident that she has voluntarily stayed with the petitioner at various places including Hyderabad for a period of more than three months. Learned counsel further submitted that the appellant and the prosecutrix had consensual relationship. However, when their relationship turned strained, present FIR has been lodged against the petitioner to teach him a lesson.

4. Learned Public Prosecutor vehemently opposed the submissions made on behalf of the appellant.

5. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the appeal filed by the appellant deserves acceptance.

6. In view of the above, the present appeal is allowed and the impugned order dated 15.10.2022 passed by the learned Special Court, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur Metro in Criminal Misc. Case No.390/2022 is set aside and the bail application filed by the appellant under Section 439 Cr.P.C. is allowed. It is ordered that accused-appellant Bhagirath S/o Shri Hardev Ram arrested in connection with FIR No.273/2022, P.S. Luni, Jodhpur shall be released on bail; provided he executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Appellant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.