Rajasthan High Court – Jodhpur
Vikash Kumar @ Tinu Kumar vs State Of Rajasthan (2025:Rj-Jd:12761) on 6 March, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:12761]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 39/2025
Vikash Kumar @ Tinu Kumar S/o Shri Rambabu, Aged About 23
Years, R/o Pachpadra, Police Station Pachpadra, District Balotra
(Raj) (Appellant In Judicial Custudy In District Jail Jaisalmer)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. H D/o Deva Ram, Aged About 24 Years, R/o Gemna Gaji,
Ward No.32, Police Station Balotra, District Balotra (Raj)
----Respondents
For Appellant(s) : Ms. Shalli Gajja, Adv.
Mr. Rakesh Gupta
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
06/03/2025
The instant appeal has been filed under Section 14A SC/ST
(Prevention of Atrocities) Act on behalf of the appellant, who is in
custody in connection with F.I.R. No.309/2023, registered at Police
Station Balotra, District Barmer, for the offences under Sections
384, 366, 376(2)(n) and 344 of IPC; and Sections 3(2)(v), 3(2)
(va) of the SC and ST (Prevention of Atrocities) Act against the
order dated 25.10.2024 passed by the learned Special Judge
Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act
Cases, Balotra whereby, the bail application preferred under
Section 483 BNSS on behalf of the appellant was rejected.
As per the prosecutrix- ‘H’, the allegation against the
appellant is that he had captured her obscene photographs and
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thereafter by threatening her to circulate the same, on
25.06.2023, he forcibly took her to his sister’s house where she
was continuously sexually assaulted- raped for about one month.
Heard learned counsel for the parties at Bar and perused the
material available on record.
Learned counsel for the appellant submitted that the
appellant has been falsely implicated in the present case. Drawing
attention of the Court towards the FIR and the statements of the
prosecutrix- ‘H’ recorded under Section 164 Cr.P.C., learned
counsel for the appellant submitted that the FIR and the material
available on record clearly indicates that the prosecutrix- ‘H’ was
having a mutual relationship with the present appellant. On the
date of the incident, she had voluntarily went away with the
present appellant and thereafter she had remained in his company
at his sister’s house for about more than one month and she
despite having ample opportunities did not disclose the factum of
she being forcibly abducted or subjected to sexual assault- rape
by the appellant to anyone.
Learned counsel further submitted that the investigation
against the appellant has already been concluded and during the
course of the investigation, no obscene videos and photographs of
the prosecutrix- ‘H’ allegedly captured by the appellant have been
recovered by the Investigating Agency. It was contended that the
appellant has not even been chargesheeted for the offences under
the Information and Technology Act, 2000.
Lastly, learned counsel for the appellant submitted that the
appellant is in judicial custody and the trial of the case will take
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sufficiently long time to be concluded, therefore, the benefit of bail
should be granted to the accused-appellant.
Per contra, learned Public Prosecutor has opposed the prayer
for bail. However, he was not in a position to refute the fact that
the FIR in the present case has been lodged after a delay of about
one month from the date of the alleged incident. He was also not
in a position to refute the fact that no obscene photographs of the
prosecutrix- ‘H’ allegedly captured and used by the appellant to
threaten/blackmail her have been recovered by the Investigating
Agency.
Having regard to the facts and circumstances as available on
record in entirety and upon perusing the FIR and so also the
statements of the prosecutrix- ‘H’ recorded under Section 164
Cr.P.C., this Court prima facie finds that the argument of learned
counsel for the appellant that prosecutrix- ‘H’ and the appellant
were having a consensual relationship cannot be brushed aside at
this stage. This Court further prima facie finds that no plausible
explanation for lodging the FIR after a delay of about more than
one month has been furnished by the prosecutrix- ‘H’; that the
prosecutrix- ‘H, despite having ample opportunities for about more
than one month, did not disclose the factum of she being forcibly
abducted or subjected to sexual assault- rape by the appellant to
anyone; no obscene photographs of the prosecutrix- ‘H’ allegedly
captured by the appellant have been recovered by the
Investigating Agency; and the appellant was not even been
chargesheeted for the offences under the Information and
Technology Act, 2000.
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This Court also prima facie finds that the learned Public
Prosecutor has not shown any apprehension of the appellant
influencing the material prosecution witnesses or tampering with
the evidence or fleeing away from justice, in case, he is enlarged
on bail. Thus, this Court is inclined to enlarged the appellant on
bail.
Consequently, the instant appeal is allowed. The impugned
order dated 25.10.2024 passed by the learned Special Judge
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act Cases, Balotra is set aside. It is ordered that the accused-
appellant- Vikash Kumar @ Tinu Kumar S/o Shri Rambabu
arrested in connection with F.I.R. No.309/2023, registered at
Police Station Balotra, District Barmer, shall be released on bail;
provided he 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.
(KULDEEP MATHUR),J
142-himanshu/-
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