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2019 DIGILAW 2643 (RAJ)

Jakir Husain v. State of Rajasthan

2019-10-04

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 02.09.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Bikaner (hereinafter to be referred as 'trial court') in Criminal Bail Application No.1296/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.103/2019 of Police Station Ganga Shahar, District Bikaner for the offences punishable under Sections 377 and 376/511 and Section 3(2)(5-T) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the allegation levelled by the complainant against the appellant is false. It is argued that in the year 2014, the mother of the complainant lodged an FIR against the appellant levelleing allegation of sexual assault, however, the police, after thorough investigation, filed negative final report in the matter while concluding that the character of the mother of the complainant is not good and she and her family members indulged in filing false complaints against several persons for extorting money. Learned counsel for the appellant has submitted that when the mother of the complainant failed in her attempt to implicate the appellant in false case, this present FIR has been lodged at her instance by her daughter. 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 02.09.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Bikaner in Criminal Bail Application No.1296/2019 is set aside. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 02.09.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Bikaner in Criminal Bail Application No.1296/2019 is set aside. It is directed that appellant-Jakir Husain S/o Hafij Mohammad shall be released on bail in connection with FIR No.103/2019 of Police Station Ganga Shahar, District Bikaner 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.