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2019 DIGILAW 1011 (RAJ)

Sonu @ Irshad Ali v. State, Through PP

2019-04-03

VIJAY BISHNOI

body2019
JUDGMENT 1. This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as the SC/ST Act) has been filed on behalf of the appellant being aggrieved with the order dated 10.1.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Rajsamand (hereinafter to be referred as trial court) in Criminal Misc. (Bail) Case No. 17/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 133/2018 of Police Station Kelwara, District Rajsamand, for the offences punishable under Sections 376 of I.P.C. and Section 66(E) of IT Act 2000 and Section 3(2)(v) of the SC/ST Act. 3. Learned counsel for the appellant has submitted that after rejection of appeal seeking bail preferred on behalf of the appellant, charge-sheet has been filed. It is argued that the prosecutrix was major at the time of incident and she developed relations with the appellant as per her own free will. It is also submitted that there is delay in filing the complaint against the appellant. It is further submitted that as a matter of fact when husband of the prosecutrix came to know about the relations between the appellant and prosecutrix, he pressurized the prosecutrix to file complaint against the appellant. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. 5. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record. 6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 10.1.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Rajsamand in Criminal Misc. (Bail) Case No. 17/2019 is set aside. It is directed that appellant Sonu @ Irshad Ali S/o Yusuf Ali shall be released on bail in connection with FIR No. 133/2018 of Police Station Kelwara, District Rajsamand provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. (Bail) Case No. 17/2019 is set aside. It is directed that appellant Sonu @ Irshad Ali S/o Yusuf Ali shall be released on bail in connection with FIR No. 133/2018 of Police Station Kelwara, District Rajsamand provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.