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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Sameer Jain, J.
Ravi @ Mota S/o Daulatram – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 755/2022
Decided On : 10-10-2022
Bail - SC/ST (Prevention Of Atrocities) Act - Falsely Implicated - Physical Assault - Minor/Major Status - Enlargement on Bail
Fact of the Case:
The appellant filed an appeal under Section 14A(2) SC/ST (Prevention Of Atrocities) Act, claiming to be falsely implicated in a case involving offences under Sections 376D and 342 of IPC, Sections 5/6 of POCSO Act, and Section 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act. The complainant-husband alleged physical assault on his wife by the appellant.
Finding of the Court:
The court found that the complainant-husband turned hostile, the victim did not appear for court statements, and the medical report did not show any injuries. There was also a dispute regarding the minor/major status of the victim as she was a married lady. Without commenting on the merits of the case, the court allowed the bail application and ordered the release of the accused-appellant.
Issues: Dispute over assault allegations, victim's absence for court statements, minor/major status of the victim, and the bail application.
Ratio Decidendi: The court's decision was influenced by the complainant's hostility, the victim's non-appearance, absence of injuries in the medical report, and the dispute over the victim's minor/major status.
Final Decision: The court allowed the appeal, set aside the impugned order, and ordered the release of the accused-appellant on bail.
ORDER
1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention Of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 184/2022 Police Station Sadar District Alwar, for the offences under Sections 376D and 342 of IPC and Sections 5/6 of POCSO Act and Section 3(2)(v) of the SC/ST (Prevention Of Atrocities) Act.
2. It is submitted by learned counsel for the appellant that appellant has been falsely implicated in the matter. The present complaint was filed by complainant-husband stating that his wife was physically assaulted by appellant. Learned counsel has submitted that the informant/complainant-husband has turned hostile which is evident from statements of PW5. Learned counsel further submitted that neither is the victim in question turning up for recording of court statements, nor could she be located at her maternal place. Learned counsel has also relied upon the medical report dated 26.02.2022 and submitted that there were no signs of any injury. Learned counsel further submitted that as the complainant-husband and victim-wife were married, the victim in question cannot be a minor.
3. Per contra, learned Public Prosecutor has opposed the appeal. Learned Public Prosecutor has relied upon the statements recorded under Section 164 of Cr.P.C.
4. Considering the arguments advanced by learned counsel for the parties and considering that complainant/informant, who is also husband of the victim, has turned hostile which is evident by way of statements recorded on 07.09.2022; that the victim in question is not turning up for recording her court statements during trial phase; that the medical report is not reflecting any injuries; that there is a dispute regarding the minor/major status of the victim as the victim is a married lady and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused-applicant and enlarge him on bail.
5. Consequently, the instant appeal is allowed. The impugned order dated 28.04.2022 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Alwar, is set aside. It is ordered that the accused-appellant Ravi @ Mota S/o Daulatram 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 court's decision was based on the lack of evidence supporting the assault allegations, the non-appearance of the victim, and the absence of injuries, leading to the enlargement of the accused on ....
The court established that inconsistencies in a victim's testimony can significantly impact the decision to grant bail, reinforcing the principle of presumption of innocence in criminal proceedings.
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 established that in cases under the SC/ST (Prevention of Atrocities) Act, the circumstances surrounding the filing of the FIR and the nature of the allegations can significantly influence b....
The victim's lack of support for the prosecution's story and the absence of direct evidence influenced the court's decision to grant bail to the accused-appellant.
Bail can be granted based on parity with co-accused and the absence of evidence justifying continued detention, emphasizing the need for expeditious trial.
The court considered the nature of the offenses, absence of injuries, and expected trial duration in deciding to grant bail to the accused-appellant.
The main legal point established in the judgment is the consideration of the necessity of further incarceration, absence of reasonable grounds for the same, and the requirement for early culmination ....
The court established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.
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