[2025:RJ-JP:6270] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2727/2024 Gautam S/o Shobharam, Aged About 20 Years, R/o Meena Colony, Chechat, District Kota (Appellant Is In Judicial Custody In District Jail, Kota) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Victim, R/o ----Respondents For Appellant(s) : Mr. Buddhi Prakash Meena For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/02/2025 1. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 04.09.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota in Bail Application (CIS) No.268/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No.169/2024, Police Station Chechat, District Kota Rural for the offences punishable under Sections 366, 376, 376D & 506 of IPC and Sections 3(1)(w) (i), 3(2)(va) & 3(2)(v) of SC/ST Act. Charge-sheet has been filed for offences punishable under Sections 376D & 506 of IPC. 2. 2. It is contended by learned counsel for the appellant that appellant has falsely been implicated in this case. Learned counsel submits that prosecutrix, who is married lady of 40 years, [2025:RJ-JP:6270] (2 of 3) [CRLAS-2727/2024] has levelled false and frivolous allegations against the appellant. It is submitted that vide order dated 29.01.2025, appellant was granted interim bail till 07.02.2025 on account of non-turning up of the prosecutrix before the learned trial court for her deposition. After granting interim bail, prosecutrix appeared before the learned trial court and gave her deposition. He argues that as a matter of fact, the prosecutrix was intentionally not turning up in order to grab money from the accused persons. It is submitted that from perusal of the evidence of prosecutrix, it is apparent that she is not a reliable witness as she gave a very feeble evidence. Learned counsel argues that the version/story told by the prosecutrix is highly improbable as she admitted in her cross- examination that after committing rape upon her, acused Sabir disclosed his identity on his own. Further, in cross-examination, she stated that on 08.06.2024, when she was allegedly taken away by the petitioner Sabir, on motorcycle, accused Sabir was driving motorcycle and she was sitting on the pillion seat and she did not make any hue and cry. She neither asked for help from anyone nor she tried to jump from the motorcycle. Learned counsel further argues that no identification parade of the accused persons was conducted. The accused Gautam and Vasim have been roped in this case without there being any evidence against them. The prosecutrix came to know about the names of these two accused persons after their arrest through accused Sabir at the police station. The appellant is in custody since 28.06.2024 wheres trial will take time in its conclusion. Further custody of the appellant would not serve any fruitful purpose. [2025:RJ-JP:6270] (3 of 3) [CRLAS-2727/2024] 3. Learned Public Prosecutor opposes the prayer of bail made in this appeal. Despite information, no one has appeared on behalf of the complainant/victim to oppose this appeal. 4. Heard. Perused the material available on record. 5. Having regard to the totality of the facts and circumstances; considering the arguments advanced by learned counsel for the appellant as also the court testimony of the prosecutrix; period of custody of the appellant; charge-sheet has been filed and trial will take time in its conclusion, but without expressing any opinion on merits/demerits of this case, this Court deems it just and proper to enlarge the appellant on bail. 6. Consequently, this instant appeal is allowed. The impugned order dated 04.09.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellant – Gautam S/o Shobharam, arrested in connection with aforesaid FIR No.169/2024, Police Station Chechat, District Kota Rural, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties 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. 7. The observation made hereinabove is only for decision of this bail appeal and would not prejudice trial in any manner. (ANIL KUMAR UPMAN), J CHARU SONI /225