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2019 DIGILAW 2653 (RAJ)

Kalu Lal @ Prabhu Lal v. State

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 28.8.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.366/2019 (697/2019) whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.173/2019 of P.S. Sadar Chittorgarh, District Chittorgarh for the offences punishable under Sections 452, 376, 354 I.P.C.and Section 3(1)W (I) 3(2)(V) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the complaint regarding incident of sexual assault allegedly occurred on 20.4.2019 was filed against the appellant on 22.5.2019 i.e. after more than one month of the alleged incident. Learned counsel for the appellant has submitted that the prosecutrix has levelled false allegation against the appellant because a dispute regarding some money transaction was going on between them. Learned counsel for the appellant has submitted that charge-sheet has been filed and trial of the case will take time. 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 28.8.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh in Criminal Misc. Case No.366/2019 (697/2019) is set aside. It is directed that appellant - Kalu Lal @ Prabhu Lal S/o Sh. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 28.8.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh in Criminal Misc. Case No.366/2019 (697/2019) is set aside. It is directed that appellant - Kalu Lal @ Prabhu Lal S/o Sh. Pawandas Sindhi shall be released on bail in connection with FIR No.173/2019 of P.S. Sadar Chittorgarh, District Chittorgarh 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.