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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.