HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR

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)

—-Appellant
Versus
State of Rajasthan Through Public Prosecutor

—-Respondent
__
For Appellant(s) : Mr.Ravindra Acharya for Mr.Pappu Sangwa.
For Respondent(s) : Mr.AS Rathore, PP.
__
HON’BLE MR. JUSTICE SANDEEP MEHTA
Judgment
01/06/2017

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

the offences under Sections 342, 376(2)(1) 450 IPC, Sections

3(1)(S)(W) 3(2)(5)(5A) of the SC/ST (Prevention of Atrocities)

Act and Section 3/4 of the POCSO Act.

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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

on bail.

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
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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.

(SANDEEP MEHTA)J.

S.Phophaliya/-