Bhagwanaram @ Banty Choudhary v. State of Rajasthan, Through PP
2019-03-07
VIJAY BISHNOI
body2019
DigiLaw.ai
JUDGMENT 1. This criminal appeal under Section 14-A(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 19.02.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as trial court) in Criminal Misc. (Bail) Case No. 57/2019 (Sessions Case No. 39/2019) whereby, the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 161/2018 of Police Station Rajiv Gandhi Nagar, Distt. Jodhpur for the offences punishable under Sections 344, 384, 376(2)(n) IPC and 3(2)(v) SC/ST Act. 3. Learned counsel for the appellant has submitted that the prosecutrix eloped with the appellant on 8.10.2018 and thereafter, lived at Beawar in a rented house for around 15 to 20 days. It is submitted that there is inordinate delay in filing the FIR. It is also argued that the prosecutrix is a major and married lady and was in relation with the petitioner from long time. It is further submitted that whatever the relations between the petitioner and the prosecutrix, the same were consensual. It is 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 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 19.02.2019 passed by the trial court in Criminal Misc. (Bail) Case 57/2019 (Sessions Case No. 39/2019) is set aside. It is directed that appellant - Bhagwanaram @ Banty Choudhary S/o Sh. Parmeshwar Ram shall be released on bail in connection with FIR No. 161/2018 of Police Station Rajiv Gandhi Nagar, Distt. Jodhpur provided he executes a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs.
It is directed that appellant - Bhagwanaram @ Banty Choudhary S/o Sh. Parmeshwar Ram shall be released on bail in connection with FIR No. 161/2018 of Police Station Rajiv Gandhi Nagar, Distt. Jodhpur provided he executes a personal bond in the 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.