HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
S.B. Criminal Appeal No. 810 / 2017
Kisnaram S/o Shri Ganesha Ram, By Caste Jat, Resident of
Surpura, Tehsil Nokha, District Bikaner. (At Present Lodged At
Central Jail, Bikaner)
State of Rajasthan Through Public Prosecutor
For Appellant(s) : Mr.Ravindra Acharya for Mr.Pappu Sangwa.
For Respondent(s) : Mr.AS Rathore, PP.
HON’BLE MR. JUSTICE SANDEEP MEHTA
Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the material available on record.
This appeal has been preferred on behalf of the appellant
under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act
being aggrieved of the order dated 29.5.2017 passed by learned
Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner, in
Cr.Misc. Case No.850/2017 rejecting the bail application preferred
on behalf of the appellant who is in custody in connection with
F.I.R. No.136/2017, registered at Police Station Nokha, Bikaner for
3(1)(S)(W) 3(2)(5)(5A) of the SC/ST (Prevention of Atrocities)
Act and Section 3/4 of the POCSO Act.
(2 of 3)
Learned counsel for the appellant urges that the FIR was
lodged by the father of the victim after nearly 5 days of the
incident. The highest allegations as set out in the FIR as well as in
the first statement of the victim Mst.L recorded under Section 161
Cr.P.C., do not disclose any offence beyond Section 354 IPC. The
victim refused to undergo medical examination for rape. The
allegation of rape was developed by way of improvement in the
statement of the girl recorded under Section 164 Cr.P.C. after
nearly 14 days of the alleged incident. He urges that even in the
said statement, the prosecutrix has not specifically alleged that
she was subjected to penetrative sexual assault. He thus urges
that the appellant deserves to be enlarged on bail.
Learned P.P. vehemently opposes the submissions advanced
by the appellant’s counsel.
Having regard to the facts narrated above and considering
that in the belated FIR as well as in the statement of the victim
recorded under Section 161 Cr.P.C., the highest allegation as
against the appellant is that of indecent behaviour with the victim
but without expressing any opinion on the merits of the case, this
Court is of the opinion that the appellant is entitled to be released
Consequently, the appeal is allowed. The order dated
29.5.2017 is set aside. It is ordered that the accused-appellant
Kisnaram arrested in connection with F.I.R. No.136/2017,
registered at Police Station Nokha, Bikaner shall be released on
bail during pendency of the trial; provided he furnishes a personal
(3 of 3)
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.