Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1530

RAJASTHAN HIGH COURT
Sandeep Mehta, J.
Akbar Khan - Appellant
Versus
State - Respondent
Criminal Appeal No. 642 of 2021
Decided On : 10-08-2021

Advocates appeared:
Vikas Vishnoi, Advocate, A.R. Choudhary, Advocate, Hapuram, Advocate

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 (Prevention of Atrocities) Act.

Headnote:
BAIL - SC/ST (Prevention of Atrocities) Act - The court granted bail to the appellant, Akbar Khan, under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015, interpreting the circumstances of the case as warranting bail due to the nature of the allegations and the prosecutrix's status as a major married woman, alongside the indication of a compromise between the parties.
Fact of the Case:

Akbar Khan appealed against the rejection of his bail application in connection with FIR No.86/2021 for offences under IPC and the SC/ST Act, claiming the case was based on consensual relations twisted into a rape allegation due to family pressure.
Finding of the Court:

The court found that the prosecutrix was a major married woman and that the allegations could be interpreted as consensual, leading to the conclusion that the appellant deserved bail.
Issues: Whether the appellant should be granted bail considering the nature of the allegations and the circumstances surrounding the case.
Ratio Decidendi: The court emphasized the importance of the prosecutrix's status and the context of the allegations, indicating that the case did not warrant continued custody of the appellant.
Result: The appeal was allowed, the previous order was set aside, and Akbar Khan was granted bail on the condition of providing a personal bond and sureties.

JUDGMENT

Sandeep Mehta, J. - Heard. Perused the material available on record.

2. This appeal has been preferred on behalf of the appellant Akbar Khan under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 28.07.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer in Criminal Misc. Case No.135/2021 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.86/2021, Mahila Police Station, District Barmer, for offences under Sections 450, 376 (1) IPC and Sections 3(2)(va) and 3(2) (va) of the SC/ST (Prevention of Atrocities) Act.

3. The prosecutrix is a major married woman. It is contended that a case of purely consensual sexual relations has been given twist of rape because of the pressure of the family members. It is also stated that the parties have arrived at a compromise.

4. Learned counsel Shri Hapuram representing the complainant does not dispute these submissions.

5. In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that the appellant deserves indulgence of bail in this case.

6. Consequently, the appeal is allowed. The order dated 28.07.2021 is set aside and it is ordered that the accusedappellant Akban Khan S/o Shri Jumma Khan arrested in connection with FIR No.86/2021 Mahila Police Station, District Barmer 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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