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2019 DIGILAW 1839 (RAJ)

Surajbhan Singh v. State of Rajasthan

2019-07-01

VIJAY BISHNOI

body2019
JUDGMENT : Vijay Bishnoi, J. 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 18.05.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Pali (hereinafter to be referred as 'trial court') in Criminal Misc. Case No. 265/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 30/2019 of Police Station Jaitaran, District Pali for the offences punishable under Sections 365, 384 and 376(2)(N) IPC and Sections 3(1)(W 1) and 3(2)(V)(V-A) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the allegation against the appellant of abduction the prosecutrix and sexual assault upon her are false. It is argued that the appellant and the prosecutrix were working together as Mate in NREGA where both of them became friends and later on, their friendship turned into love affairs and resulted into physical relation. It is submitted that on the day of incident the prosecutrix was major and whatever were the relations between her and the appellant they were consensual. It is submitted that the charge-sheet has been filed. 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 18.05.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Pali in Criminal Misc. Case No. 265/2019 is set aside. It is directed that appellant -Surajbhan Singh @ Padam Singh S/o. Peer Singh shall be released on bail in connection with FIR No. 30/2019 of Police Station Jaitaran, District Pali provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. Case No. 265/2019 is set aside. It is directed that appellant -Surajbhan Singh @ Padam Singh S/o. Peer Singh shall be released on bail in connection with FIR No. 30/2019 of Police Station Jaitaran, District Pali 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.