Ummed Singh @ Ummediya v. State of Rajasthan, Through PP
2019-03-15
VIJAY BISHNOI
body2019
DigiLaw.ai
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 20.11.2018 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer (hereinafter to be referred as trial court) in Criminal Misc. Case No. 394/2018, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 129/2017 of Police Station Mahila, Barmer, for the offences punishable under Sections 450 and 376(1) I.P.C. and Sections 3(1)(R)(S), 3(1)(B) (I)(II), 3(2)(V) SC/ST (Prevention of Atrocities) Act. 3. Learned counsel for the appellant has submitted that the appellant has been falsely implicated in this case. It is argued that initially in a complaint filed by the complainant it was alleged that the appellant attempted to commit rape upon her but later on, false allegation of sexual assault has been levelled against the appellant. It is also submitted that after filing of FIR of that incident, another FIR levelling similar allegation was filed against the appellant and from this itself, it is clear that the prosecutreix is filing false complaints against the appellant with intention to harass him. 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 20.11.2018 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer in Criminal Misc. Case No. 394/2018 is set aside.
7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 20.11.2018 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer in Criminal Misc. Case No. 394/2018 is set aside. It is directed that appellant - Ummed Singh @ Ummediya S/o Jeta Ram shall be released on bail in connection with FIR No. 129/2017 of Police Station Mahila, Barmer 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.