Rakesh Kumar vs State Of Rajasthan And Others

Dr. Nupur Bhati, J

The instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.256/2023 dated 22.07.2023 registered at Police Station Jahajpur, District Bhilwara, for the offences under Sections 363, 342, 366, 376(2)(N) of IPC and Section 3(1)(r)(s)(w), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the case as the complainant went with the petitioner upon her sweet will. Learned counsel for the appellant further submits that in the FIR lodged by the complainant, it has been stated that the petitioner forced her to sit with him on his motorcycle and also threatened her and thereafter took her to a hotel where he committed rape with her for five days continuously on the pretext that he would marry her. Learned counsel for the appellant also submits that the complainant in her statement recorded under Section 161 Cr.P.C., has stated that on 21.07.2023, the appellant received a call from his brother-in-law and told the complainant that his brother-in-law has come to know about the incident and his father was ill and the appellant could not marry her and he left her there and went away and thereupon, the complainant came back to her house and stated all the facts to her family members. Learned counsel for the appellant further submits that in the statement given under Section 164 Cr.P.C., the complainant has narrated the same story that the petitioner upon the pretext that he would marry her took her to Jaipur forcefully in a bus and took her to a hotel where, he committed rape upon her. Thereafter, on 18.07.2023, he took her to another hotel and again for five days committed rape upon her and thereafter left her and the complainant came back to her house from Jaipur in a bus.

Per contra, learned learned Public Prosecutor opposed the bail application however, submits that the appellant has no previous criminal antecedents.

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

It appears that the complainant has willfully went along with the appellant to Jaipur and stayed there in a hotel. Having regard to the totality of facts and circumstances as available on record and the fact that there are no previous criminal antecedents against the appellants and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 16.10.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bhilwara is set aside. It is ordered that the accused-appellant Rakesh Kumar S/o Shri Badri Lal, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties 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.