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2019 DIGILAW 827 (RAJ)

Amritpal v. State of Rajasthan

2019-03-12

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 14.2.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, District Sriganganagar (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.44/2019 whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.352/2018 of Police Station Raisinghnagar, District Sriganganagar, for the offences punishable under Sections 3(2)(V) SC;/ST (Prevention of Atrocities Act, 1989 and Sections 366 and 376 I.P.C. 3. Learned counsel for the appellant has submitted that from the complaint as well as statement of prosecutrix, it is clear that the complainant was in live in relation with the appellant and she stayed with him for about 3 to 4 years. It is submitted that whatever the relations between the appellant and the complainant, the same were consensual. It is also argued that the complainant is major and married lady and she lived with the petitioner for about 3 to 4 years at Karanpur as per her own free will, however, later on some dispute arose between them, hence, this false FIR has been lodged against the appellant. 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 case diary. 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 14.2.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, District Sriganganagar in Criminal Misc. Case No.44/2019 is set aside. It is directed that appellant ' Amritpal S/o Shri Darshan Singh shall be released on bail in connection with FIR No.352/2018 of Police Station Raisinghnagar, District Sriganganagar provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. Case No.44/2019 is set aside. It is directed that appellant ' Amritpal S/o Shri Darshan Singh shall be released on bail in connection with FIR No.352/2018 of Police Station Raisinghnagar, District Sriganganagar 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.