Mahendra vs State Of Rajasthan

This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 09.01.2019 passed by the Judge, Special Court, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur (hereinafter to be referred as 'trial court') in Bail Application No.09/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.195/2018 of Police Station Bilara, District Jodhpur Rural for the offences punishable under Sections 363 and 366 IPC and Section 3(2)(5A) SC/ST Act.

Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case. It is argued that the appellant is in relation with the prosecutrix from last about three years and when she was married by her parents at some other place, she called the appellant and voluntarily eloped with him and lived with him at various places including Jaipur, Delhi, Bangalore and Hyderabad. It is submitted that one D.B. Habeas Corpus No.136/2018 (Smt. Rekha Vs. State & Ors.) was filed on behalf of mother of the prosecutrix, wherein on 12.11.2018, the prosecutrix appeared before the Division Bench of this Court and specifically stated that she wants to live with the appellant only and also alleged that her parents have forcibly married her and she does not want to go at her in-laws house. Learned counsel for the appellant has, therefore, submitted that in the above facts and circumstances of the case, the appellant may kindly be released on bail.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the case diary and the order dated 12.11.2018 passed by Division Bench of this Court in D.B. Habeas Corpus No.136/2018 (Smt. Rekha Vs. State & Ors.), which is available on record, as well as the statements of prosecutrix recorded under Section 164 Cr.P.C., which is also available on record, wherein she herself has admitted that she went with the appellant as per her own free will and wants to live with him.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 09.01.2019 passed by the Judge, Special Court, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur in Bail Application No.09/2019 is set aside. It is directed that appellant - Mahendra S/o Nemichand shall be released on bail in connection with FIR No.195/2018 of Police Station Bilara, District Jodhpur Rural provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.