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2019 DIGILAW 214 (RAJ)

Surjeet Singh v. State of Rajasthan

2019-01-17

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 07.01.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Sri Ganganagar (hereinafter to be referred as trial court) in Criminal Misc. Case No. 05/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 196/2018 of Police Station Sri Karanpur, District Sri Ganganagar for the offences punishable under Section 376(2)(K)(n) IPC and Section 3(2)(V)(5) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the prosecutrix is 38 years of major lady and developed relations with the appellant as per her own freewill. It is submitted that though, the appellant also wanted to marry the prosecutrix but due to some unavoidable circumstances, the marriage between them could not be solemnized then the prosecutrix lodged false FIR against the appellant levelling the allegation of sexual assault after two years of the incident. Learned counsel for the appellant has submitted that the relations between the appellant and the prosecutrix were consensual. It is also submitted that the charge- sheet has already 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. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 07.01.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Sri Ganganagar in Criminal Misc. Case No. 05/2019 is set aside. It is directed that appellant-Surjeet Singh S/o Indra Singh shall be released on bail in connection with FIR No. 196/2018 of Police Station Sri Karanpur, District Sri Ganganagar provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. Case No. 05/2019 is set aside. It is directed that appellant-Surjeet Singh S/o Indra Singh shall be released on bail in connection with FIR No. 196/2018 of Police Station Sri Karanpur, District Sri Ganganagar 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.