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2021 DIGILAW 2391 (RAJ)

Jagsir Singh v. State of Rajasthan

2021-12-20

MANOJ KUMAR GARG

body2021
JUDGMENT Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14-a (2) of SC/ST (Prevention of atrocities) act,1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.154/2021, Police Station Mahila Thana, District Sriganganagar, for the offences under Sections 376(2)(N), 450, 354 IPC and u/s 3(I)(w)(i)(ii), 3(I)(w) (ii), 3(2) (V) of SC/ST (Prevention of atrocities) act against the order dated 28.10.2021 passed by the learned Special Judge SC/ST (Prevention of atrocities act) act Cases, Sri Ganganagar, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Counsel for the appellant submits that the prosecutrix is a major girl and she resided with the appellant due to which she got pregnant. If anything happened, it was with the consent of the prosecutrix. Challan of the case has already been presented and now no investigation is pending. accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail. 3. Learned Public Prosecutor has opposed the prayer for bail. Heard learned counsel for the appellant and learned public prosecutor and also perused the material available on record. 4. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside. 5. Consequently, the instant appeal is allowed. The impugned order dated 28.10.2021 passed by the learned Special Judge SC/ST (Prevention of atrocities act) act Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant Jagsir Singh S/o Prem Kumar arrested in connection with F.I.R. No.154/2021, Police Station Mahila Thana, District Sriganganagar shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.