Avdhesh Singh vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 11.8.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Bhilwara in Cr.Misc. Case No.211/2023, whereby the bail application filed by the appellant, who has      been arrested in connection     with     FIR No.455/2023 registered at Police Station Pratap Nagar, Bhilwara, for offences under Sections 376(2)(N) and 384 of IPC and Sections 3(1)(w)(i), 3(2)(w)of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that the prosecutrix who is a mature married woman has falsely implicated the appellant in a criminal case. Learned counsel submitted that as per prosecutrix, she was subjected to sexual assault by the present appellant by mixing some intoxicant in her drink, about six months prior to the date of alleged incident and thereafter, she was subjected to constant sexual assault by the appellant by threatening her to viral her obscene videos and photographs. Learned counsel submitted that the prosecutrix in the FIR has not furnished any satisfactory explanation for lodging the FIR after an inordinate delay. Learned counsel submitted that it is highly improbable that a married mature woman would not disclose the factum of she being sexually assaulted or blackmailed to anyone despite having ample opportunities to do so.

Lastly, learned counsel for the appellant submitted that the appellant and prosecutrix were having consensual relationship. To substantiate this contention, attention of the Court was drawn towards various Whatsapp chats, messages etc. exchanged between the prosecutrix and the appellant. Learned counsel submitted that on the relations between the prosecutrix and the appellant turning strained, the appellant has been roped in a false criminal case.

Learned counsel submitted that the appellant is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellant.

Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application.

Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

Having considered the rival submissions, facts and circumstances of the case, particularly the fact that the prosecutrix who is a mature married woman despite having ample opportunities did not disclose the factum of she being subjected to sexual assault or blackmail by the present appellant, to anyone coupled with the fact that there are Whatsapp chats and messages exchanged between the prosecutrix and the appellant, and no obscene videos or photographs of the prosecutrix allegedly used by the appellant to threaten/blackmail the prosecutrix have been recovered by the investigating agency and the appellant has not been charged for the offences under Information Technology Act, therefore, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the appellant deserves to be enlarged on bail.

Accordingly, the appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed. The order dated 11.8.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Bhilwara is set aside and it is ordered that the accused-appellant- Avdhesh Singh S/o Shri Kishore Singh shall be enlarged on bail in connection with FIR No.455/2023 registered at Police Station Pratap Nagar, Bhilwara, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.