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2019 DIGILAW 932 (RAJ)

Ramji Bhai v. State of Rajasthan

2019-03-27

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 22.02.2019 passed by the Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Case), Udaipur (hereinafter to be referred as trial court) in Criminal Misc. Case No. 64/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 62/2018 of Police Station Panrava, District Udaipur for the offences punishable under Sections 342 and 376/34 IPC and Section 3(2), (V) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the allegation of abducting the prosecutrix is against Vijay Kumar Nanama, whereas the allegation of sexual assault is against Mahendra Patel. It is alleged that the appellant gave shelter to the accused, who abducted the prosecutrix. It is submitted that the appellant has falsely been implicated in this case. 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 and after perusing the case diary, 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 22.02.2019 passed by the Special Judge, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Case), Udaipur in Criminal Misc. Case No. 64/2019 is set aside. It is directed that appellant - Ramji Bhai S/o Dolaji Parmer shall be released on bail in connection with FIR No. 62/2018 of Police Station Panrava, District Udaipur 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.