Order

28/01/2021 Heard learned counsel representing the appellant, learned Public Prosecutor and the counsel representing the complainant.

Perused the material available on record.

This appeal has been preferred on behalf of the appellants under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 10.09.2020 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Jalore rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.126/2020, Police Station Raniwara, District Jalore, for the offences under Section 452 and 376 IPC and Section 3(2)(V) of the SC/ST (Prevention of Atrocities) Act.

Learned counsel Shri Rao drew the Court’s attention to the FIR lodged by the complainant respondent No.2, her statement recorded under Section 161 Cr.P.C. as well as that under Section 164 Cr.P.C. and urges that serious contradiction exists in all the three versions of the prosecutrix. He further urges that even if the allegations levelled by the prosecutrix are accepted to be true on the face of the record then also, the case is of consensual relationship between two major persons. He further contended that no indecent photographs as alleged by the proecutrix in her statements, were recovered by the I.O. during the course of investigation. He thus urges that the appellant deserves indulgence of bail during trial.

Learned Public Prosecutor as well as the learned counsel representing the complainant vehemently and fervently opposed the submissions advanced by the appellant’s counsel. However, it is not disputed that the FIR came to be lodged after significant delay of almost six months from the alleged first incident of rape with the prosecutrix. There does exist apparent contradiction in the three versions of the prosecutrix i.e. the FIR, statement recorded under Section 161 Cr.P.C. as well as the statement recorded under Section 164 Cr.P.C. The prosecutrix is a major widowed lady and she alleged that the acts of sexual assault repeatedly took place over a period of six months but she did not lodge any complaint in this regard to the authorities.

In this view of the matter and, having regard to the facts and circumstances available on record but, without expressing any opinion on the merits of the case, this Court is of the opinion that the appellant is entitled to be released on bail.

Consequently, the appeal is allowed. The order dated

10.09.2020 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Jalore is set aside. It is ordered that the accused-appellant Ramesh Kumar arrested in connection with FIR No.126/2020, Police Station Raniwara, District Jalore 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.

(SANDEEP MEHTA),J

59-Tikam/-