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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Farjand Ali, J.
Umesh Kumar – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 2061 of 2022
Decided On : 19-12-2022
Bail - SC/ST (Prevention of Atrocities) Act - The court granted bail to the appellant, who was in custody in connection with FIR for offences under Sections 376 (2) (n) of IPC and Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act, based on the finding that there was consensual sexual relationship between the appellant and the prosecutrix, and no offence under the provisions of SC/ST Act was made out.
Fact of the Case:
The appellant filed an appeal for bail under Section 14A of the SC/ST (Prevention of Atrocities) Act in connection with FIR for offences under Sections 376 (2) (n) of IPC and Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act. The appellant argued that there was consensual sexual relationship with the prosecutrix.
Finding of the Court:
The court, after considering the arguments and the totality of facts and circumstances, found that the appellant deserved to be enlarged on bail, as there was consensual sexual relationship between the appellant and the prosecutrix, and no offence under the provisions of SC/ST Act was made out.
Issues: The main issue was whether the appellant should be granted bail in connection with the FIR for offences under Sections 376 (2) (n) of IPC and Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act.
Ratio Decidendi: The court's decision was influenced by the finding that there was consensual sexual relationship between the appellant and the prosecutrix, and no offence under the provisions of SC/ST Act was made out.
Final Decision: The court allowed the appeal, set aside the impugned order, and ordered that the accused-appellant be released on bail upon furnishing a personal bond and sureties to the satisfaction of the trial Court.
JUDGMENT
Farjand Ali, J. - The instant appeal has been filed under Section 14A of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 190/2022 registered at Police Station Mahila Thana District Sriganganagar for the offences under Sections 376 (2) (n) of IPC and Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act.
2. Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
3. It is submitted by learned counsel for the appellant that no offence as alleged in the FIR and the statement is made out.
4. There was consensual sexual relationship in between the petitioner and the prosecutrix who is a grown up major lady. The fact can be taken from the FIR itself wherein the prosecutrix has stated that she used to live with the petitioner in the form of live-in-relationship and there was willful fornication and she got conception, whereafter she took pills for termination of the pregnancy, and as such no offence under the provisions of SC/ST is made out and in the given circumstances of the case, it cannot be said to be a case of rape, therefore, benefit of bail may be granted to the appellant.
5. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.
6. Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, I am of the opinion that the appellant deserves to be enlarged on bail.
7. Consequently, the instant appeal is allowed. The impugned order dated 25.11.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sriganganagar is set aside. It is ordered that the accused-appellant-Umesh Kumar S/o Late Sahabram arrested in connection with aforesaid FIR, 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.
The main legal point established in the judgment is the court's discretion in granting bail under the SC/ST (Prevention of Atrocities) Act based on the totality of facts and circumstances, and the co....
The court found sufficient grounds for bail, noting the possibility of consent and the lack of alarm raised by the complainant during the incident, thus granting bail despite serious charges.
The court's decision was influenced by the change in the prosecutrix's statement and the expected lengthy trial duration in granting bail to the accused-appellant.
Consensual nature of the relationship and likelihood of trial duration as factors in granting bail under the SC/ST Act.
The court established that the age of the prosecutrix and the completion of the investigation are significant factors in determining bail under the SC/ST (Prevention of Atrocities) Act.
The court established that the nature of allegations and the circumstances surrounding the case, including the status of the prosecutrix, are critical factors in determining bail under the SC/ST (Pre....
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