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Judgment
Heard learned counsel for the appellants and learned Public
Prosecutor. Perused the material available on record.
This appeal has been preferred on behalf of the appellants
under Section 14A of the SC/ST (Prevention of Atrocities) Act
being aggrieved of the order dated 15.5.2017 passed by learned
Special Judge, SC/ST (Prevention of Atrocities) Cases, Bhilwara, in
Cr.Misc. Case No.91/2017 rejecting the bail application preferred
on behalf of the appellants who are in custody in connection with
F.I.R. No.68/2017, registered at Police Station Bijoliya, District
Bhilwara for the offences under Sections 376 & 376D IPC and
Section 3(2)(V) of the SC/ST (Prevention of Atrocities) Act.
Learned counsel for the appellants has placed on record
copies of two earlier FIRs lodged by the prosecutrix for rape and
other offences and urges that she is habitual of lodging these
types of false FIRs for the purpose of extorting money. He further
drew the attention of the Court to the statement of the witness
Parvat Singh being the employee of the hotel where the
prosecutrix was allegedly taken and subjected to rape. He urges
that it is a clear case of consent and a false FIR has been lodged
for the purpose of extorting money. He further submits that used
condoms were recovered from the hotel room indicating that the
place was used for carnal activities with the consent of the parties.
Learned Public Prosecutor vehemently opposes the
submissions advanced by the appellants'' counsel. He too does not
dispute the fact that as per the statement of Parvat Singh, hotel
employee, the prosecutrix freely went inside the hotel room with
the accused. Initially, the prosecutrix went into the room with
Vikas. A little later, Vikas exited the room and Lalit went inside.
During this process, the prosecutrix did not raise any protest
whatsoever.
Having regard to the facts and circumstances available on
record but without expressing any opinion on the merits of the
case, this Court is of the opinion that the appellants are entitled to
be released on bail.
Consequently, the appeal is allowed. The order dated
15.5.2017 is set aside. It is ordered that the accused-appellants
(1)Vikas @ Umashankar and (2) Lalit Kumar arrested in
connection with F.I.R. No.68/2017, registered at Police Station
Bijoliya, District Bhilwara shall be released on bail during
pendency of the trial; provided each of them 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.