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2019 DIGILAW 2507 (RAJ)

Haripal Singh @ Bablu Singh v. State

2019-09-17

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - 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 3.8.2019 passed by the Special Judge, SC/ST Act (Prevention of Atrocities) Cases, Jalore (District and Sessions Judge, Jalore) (hereinafter to be referred as trial court ) in Criminal Misc. Case No.318/2019 (CIS No.268/2019) whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.38/2019 of P.S. Bagra, District Jalore for the offences punishable under Sections 342, 343, 36, 376(2)(N) and 506 I.P.C. and Section 3(1)(r)(s) and 3(2)(V)(VA) of SC/ST Act. 3. Learned counsel for the appellant has submitted that after rejection of bail application of the appellant by the trial court, charge-sheet has been filed. Learned counsel for the appellant has submitted that allegation of sexual assault upon the prosecutrix levelled against the appellant is absolutely false. It is further submitted that the alleged incident is of around five months back and there is no explanation about the delay in filing the complaint against the appellant. It is also submitted that the prosecutrix was major at the time of incident and relations between her and the appellant were consensual. It is also submitted that the allegations of uploading the obscene video of the prosecutrix is also false. 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 3.8.2019 passed by the Special Judge, SC/ST Act (Prevention of Atrocities) Cases, Jalore (District and Sessions Judge, Jalore) in Criminal Misc. Case No.318/2019 (CIS No.268/2019) is set aside. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 3.8.2019 passed by the Special Judge, SC/ST Act (Prevention of Atrocities) Cases, Jalore (District and Sessions Judge, Jalore) in Criminal Misc. Case No.318/2019 (CIS No.268/2019) is set aside. It is directed that appellant - Haripal Singh @ Bablu Singh S/o Shri Abhay Singh shall be released on bail in connection with FIR No.38/2019 of P.S. Bagra, District Jalore 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.