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2019 DIGILAW 2637 (RAJ)

Gopal Singh v. State of Rajasthan

2019-10-03

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 27.08.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.419/2019 (CIS No.241/2019), whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.424/2019 of Police Station Pratap Nagar, District Udaipur for the offences punishable under Section 376 IPC and Sections 3(1)(S)(W)(i) and 3(2)(V) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the allegation against the appellant of sexual assault is false. It is submitted that the complainant-prosecutrix has appeared before the trial court and specifically stated that she has no objection if the appellant is enlarged on bail, however, the trial court has rejected the bail application of the appellant while observing that the allegation against the appellant is serious in nature. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. 5. Learned counsel for the complainant as well as the complainant-prosecutrix, present in person identified by her counsel Mr. Niranjan Patel, have stated that the complainantprosecutrix has lodged the complaint against the appellant due to misunderstanding and she has no objection if the appellant is enlarged on bail. 6. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record. 7. 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. 8. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 27.08.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur in Criminal Misc. Case No.419/2019 (CIS No.241/2019) is set aside. 8. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 27.08.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur in Criminal Misc. Case No.419/2019 (CIS No.241/2019) is set aside. It is directed that appellant - Gopal Singh S/o Pahad Singh Devra shall be released on bail in connection with FIR No.424/2019 of Police Station Pratap Nagar, District Udaipur 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.