Jagdish S/o Sitaram vs The State of Rajasthan

Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the challan papers.

This appeal has been preferred on behalf of the appellant

under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act

being aggrieved of the order dated 10.4.2017 passed by learned

Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner, in

Cr.Misc. Case No.539/2017 rejecting the bail application preferred

on behalf of the appellant who is in custody in connection with

F.I.R. No.567/2016, registered at Police Station Nokha, District

Bikaner for the offences under Sections 366, 376(2)(N) & 450 IPC

and Section 3(2)(V)(A) of the SC/ST (Prevention of Atrocities) Act.

The prosecutrix Mst.B is a major married woman. She went

missing from her father''s house on 23.9.2016 leaving behind her 2

daughters and 1 son. A missing person''s report was lodged at

Nokha on 24.9.2016 by her father. Thereafter, on 20.10.2016, her

father lodged a complaint in the Court of ACJM, Nokha alleging

that one Ramkaran had enticed his daughter away. The

prosecutrix was recovered on 25.12.2016 and in her statement

recorded under Section 161 Cr.,P.C., she stated of having illicit

relations with one Manish Brahmin. She further alleged that

Jagdish, the present appellant called her to Mansuri on which she

went there. Four persons were waiting there from before in the

car. She was taken to Kuchera to the house of the present

appellant where she was kept for one month. There the appellant

subjected her to rape. Thereafter, she was taken by the appellant

to Ahmedabad in a sleeper bus and was kept at the house of the

appellant''s brother for 15 days. She was brought back to Kuchera

and was given in marriage to one Ghanshyam Brahmin. She

stayed with Ghanshyam as his wife for a few days. Thereafter,

Ghanshyam realised that she was Meghwal by caste and refused

to continue the relationship. In her statement recorded under

Section 164 Cr.P.C., the prosecutrix partly gave up the allegation

of rape against the appellant and clearly stated that the appellant

did not subject her to rape at Kuchera but rather sexual relations

were established by the appellant at Ahmedabad.

In this background, this Court is in agreement with the

argument of learned counsel for the appellant that the case

involves illicit relations rather than rape.

Thus, having regard to the entirety of facts and

circumstances available on record, the appellant is entitled to be

released on bail.

Consequently, the appeal is allowed. The order dated

10.4.2017 is set aside. It is ordered that the accused-appellant

Jagdish arrested in connection with F.I.R. No.567/2016, registered

at Police Station Nokha, District Bikaner shall be released on bail

during pendency of the trial; provided he furnishes a 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.