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.