Samadar Soni vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal has been filed under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.354/2023 registered at Police Station Choupasani Housing Board, District Jodhpur, for the offences under Sections 376(2)(n), 384, 344 of IPC, under Sections 3(2)(v) of the SC/ST Act and under Section 67-A of I.T. Acct. .

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

Learned Public Prosecutor submitted that notice upon respondent No.2 has been duly served.

Learned counsel for the appellant submitted that the appellant who is aged about 25 years has been falsely implicated in the present case. Learned counsel submitted that the prosecutrix is a mature married woman who was in consensual relationship with the present appellant.

Drawing attention of the Court towards the FIR, learned counsel for the appellant submitted that the prosecutrix travelled with the present appellant to various places such as Jaipur, Delhi, Gurgaon etc. using public transportation and also stayed with him in hotel situated in thickly populated areas. Learned counsel submitted that in view of aforesaid, the prosecutrix had ample opportunities to disclose the factum of she being subjected to forcible sexual assault by the present appellant.

Drawing attention of the Court further towards various Whatsapp chats and photographs between the appellant and the prosecutrix, learned counsel for the appellant submitted that the prosecutrix voluntarily and out of her free will and volition, developed physical relationship with the present appellant. Learned counsel submitted that the appellant is in judicial custody since 06.09.2023; trial of the case may take sufficiently long time to be concluded and no useful purpose would be served by keeping the appellant behind the bars, therefore, the appellant deserves to be enlarged on bail.

Per contra, learned Public Prosecutor has vehemently opposed the appeal.

Considering the submissions made by learned counsel for the appellant, and after perusing the various documents attached with the criminal appeal, this Court prima facie, finds that arguments of the learned counsel for the appellant that the appellant and the prosecutrix were in consensual relationship, however, on relations between them turning strained, the appellant has been roped in a false criminal case, cannot be brushed aside at this stage. This Court without expressing any opinion on the merits/demerits of the case, is inclined to enlarge the appellant on bail.

Accordingly, the criminal appeal filed under Section 14-A (2) of the SC/ST Act is allowed and order dated 15.09.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur Metro is set aside. It is directed that appellant-Samadar Soni S/o Shri Babulal Soni shall be released on bail in connection with FIR No.354/2023 registered at Police Station Choupasani Housing Board, District Jodhpur, provided he executes a personal bond in a sum of ₹50,000/- with two sound and solvent sureties of ₹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.