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2019 DIGILAW 595 (RAJ)

Shishupal @ Sohail Khan v. State of Rajasthan

2019-02-19

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 08.01.2019 passed by the Special Judge, Prevention of Children from Sexual Offences Act Cases No. 1, Sri Ganganagar (hereinafter to be referred as trial court) in Criminal Misc. Case No. 04/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 67/2017 of Police Station Ghamudwali, District Sri Ganganagar for the offences punishable under Sections 363, 366 and 376-D IPC, Sections 3/4, 5/6 and 16/17 of POCSO Act and Section 3(2)(5) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the prosecutrix eloped with the appellant on 15.05.2017 and remained with him up to 24.06.2017. It is submitted that the allegation of sexual assault against the appellant is false because the prosecutrix went with him as per her own free will. It is also submitted that on the day of incident, the prosecutrix had about to complete 18 years of age as she was only 10 to 15 days less than 18 years of age. It is also submitted that the charge-sheet has been filed and the 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 08.01.2019 passed by the Special Judge, Prevention of Children from Sexual Offences Act Cases No. 1, Sri Ganganagar in Criminal Misc. Case No. 04/2019 is set aside. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 08.01.2019 passed by the Special Judge, Prevention of Children from Sexual Offences Act Cases No. 1, Sri Ganganagar in Criminal Misc. Case No. 04/2019 is set aside. It is directed that appellant - Shishupal @ Sohail Khan S/o Jagdish Chandra shall be released on bail in connection with FIR No. 67/2017 of Police Station Ghamudwali, 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.