BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed by the appellant under Sec. 14(A)(2) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 15/10/2022 passed by the learned Special Court, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur Metro in Criminal Misc. Case No.390/2022, arising out of FIR No.273/2022, P.S. Luni, Jodhpur for the offences under Ss. 376(2)(n), 384, 366 and 120-B of the Indian Penal Code; Sec. 67 of the IT Act and Ss. 3(1)(w)(ii), 3(2)(v) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, whereby the bail application filed under Sec. 439 of the Code of Criminal Procedure of the appellant has been dismissed.

(2.) Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record. While drawing attention of the Court towards the statement of the prosecutrix recorded under Sec. 161 Cr.P.C., learned counsel for the appellant submits that from the perusal of the statement of the prosecutrix, it is evident that she has voluntarily stayed with the petitioner at various places including Hyderabad for a period of more than three months. Learned counsel further submitted that the appellant and the prosecutrix had consensual relationship. However, when their relationship turned strained, present FIR has been lodged against the petitioner to teach him a lesson.

(3.) Learned Public Prosecutor vehemently opposed the submissions made on behalf of the appellant. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the appeal filed by the appellant deserves acceptance.