Yashpal Singh vs State Of Rajasthan And Others

Dr. Nupur Bhati, J

Heard learned counsel for the parties and perused the record of the case.

This criminal appeal under Section 14-A 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 20.05.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Banswara (hereinafter to be referred as ‘trial court’) in Criminal Misc. Bail Case No.325/2023 whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in connection with FIR No.86/2023 dated 12.05.2023 of Police Station Motagaon, District Banswara for the offences punishable under Sections 363, 366, 376(2)(n), 506 & 344 of IPC and Sections 3(1)(w)(ii) & 3(2)(v) of SC/ST (Prevention of Atrocity) Act.

Learned counsel for the appellant submits that the appellant has not committed the offences alleged against him and he has falsely been implicated in this case on the basis of a false and concocted story as the prosecutrix and the appellant were in consensual relationship with each other. Learned counsel further submits that the appellant is in judicial custody since 18.05.2023. Learned counsel also submits that looking into the appellants’ false implication in this case, and that, no useful purpose would be served in continuing his judicial custody, the appellant is entitled to be released on bail.

Learned Public Prosecutor though opposes the submissions made on behalf of the appellant, but submits that upon perusal of the statement rendered by the prosecutrix under Section 164 Cr.P.C., it is clear that the appellant forcibly took the prosecutrix in his Car, and thereafter, she was taken to various places; during course of which, she was kept confined at the house of the appellant for a period of one year, and was subjected to rape by the appellant.

This Court, on seeing the record as well as the statement of prosecutrix rendered under Section 164 Cr.P.C., finds that there is reflection of consensual relationship, and therefore, at this stage, the custody of the appellant in this case is not warranted.

Thus, having regard to the totality of the facts and circumstances of the case and without expressing any opinion on the merits of the case, this Court deems it just and proper to allow the appeal filed by the accused-appellants under Section 14-A of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A of SC/ST Act is allowed and the order dated 20.05.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Banswara in Criminal Misc. Bail Case No.325/2023 is set aside. It is directed that appellant - Yashpal Singh S/o Bakhan Singh shall be released on bail in connection with FIR No.86/2023 dated 12.05.2023 of Police Station Motagaon, District Banswara 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.