Kojaram vs State Of Rajasthan And Others

Dinesh Mehta, J

The present appeal has been filed by the appellant under Section 14(A)(2) of the S.C. S.T. Act in connection with FIR No.308/2023, registered at Police Station Kotwali, District Nagore for the offence under Section 366-A, 354, 376-D & 342 of the Indian Penal Code, 1860 and 3(1)(r), 3(1)(s) 3(1)(w)(ii) & 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act of 1989’).

Learned counsel for the appellant submitted that the co-accused Ajaypal Meghwal (Chandpal @ Vinod) has been enlarged on bail by a Coordinate Bench of this Court vide its order dated 30.10.2023, in S.B. Criminal Appeal (Sb) No. 2135/2023 and the present appellant’s case is exactly identical, which is evident from the statement of the prosecutrix given under Section 164 of the Cr.P.C and thus, he be enlarged on bail.

Learned Public Prosecutor opposed the bail of the appellant, however, he was not in a position to distinguish the case of the present applicant from that of the co-accused.

In the case of the co-accused Ajaypal Meghwal (Chandpal @ Vinod), the Coordinate Bench of this Court has held thus:

“6. Have considered the submissions made by both the parties and have perused the material available on record. The prosecutrix was taken to numerous public places and she was travelling in a tempo which is also a vehicle open enough to allow access to people for the purpose of raising an alarm and it is worth pondering upon as to why she did not raise an alarm or seek help from anyone. In view of the above as well as taking into account the discrepancy regarding whether the gold ornament of the prosecutrix was mortgaged or sold, the plea of consent cannot be overlooked at this stage though the same shall be adjudged after appreciation of evidence during trial. There is high probability that the trial may take long time to conclude. In light of these facts and circumstances, it is deemed suitable to grant the benefit of bail to the appellant in the present matter. Needless to say, none of the observations made herein under shall affect the rights of either of the parties during trial and shall not influence the trial judge in any manner whatsoever while presiding over this matter.

Consequently, the instant appeal is allowed. The impugned order dated 28.08.2023 passed by the Special Judge, SC/ST(Prevention of Atrocities) Cases, Merta is set aside. It is ordered that the accused-appellant - Ajaypal Meghwal (Chandpal @ Vinod) S/o Baldevram Meghwal 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.”

Heard learned counsel for the parties and perused the material available on record.

In order to maintain parity and considering that the prosecutrix had taken name of the present appellant so also the co-accused Ajaypal Meghwal (Chandpal @ Vinod), who has been enlarged on bail by a Coordinate Bench of this Court, it would be just and proper to grant the benefit of bail to the present applicant.

Consequently, the appeal is allowed. The impugned order dated 28.08.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Merta is set aside. It is ordered that appellant Kojaram S/o Jagdish Ram arrested in connection with FIR No.308/2023, registered at Police Station Kotwali, District Nagore shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court.

Appellant shall be required to appear before the trial Court on all dates of hearing and as and when called upon to do so.