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2021 DIGILAW 373 (RAJ)

Mahendra Singh v. State of Rajasthan

2021-02-12

DEVENDRA KACHHAWAHA

body2021
ORDER 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.213/2020, Police Station Gogamedi, District Hanumangarh for the offences under Sections 363, 366, 354-A, 376AB/511, 323 IPC and Section 3(2) (va) of the SC/ST (Prevention of Atrocities) Act and 9(m)/10 of the POCSO Act against the order dated 15.12.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Heard learned counsel for the parties and perused the material available on record. 3. Learned counsel for the appellant stated that the accused-appellant is in custody since 28.09.2020; the prosecutrix 'V? admitted that nothing was happened with her and she only supported that accused-petitioner took her to his Nohra and closed the door; charge-sheet has been filed in the matter and trial will take sufficiently long time. 4. Learned Public Prosecutor has opposed the bail application and stated that as per statements of Krishnadevi, Jogendra and prosecutrix recorded under Section 161 Cr.P.C, there is a specific allegation against the accused-petitioner. 5. Looking to the facts and circumstances of the case and evidence available on record, particularly the statement of prosecutrix 'V recorded under Section 164 Cr.P.C, this Court is of the opinion that the appellant deserves to be enlarged on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 15.12.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh is set aside. It is ordered that the accused-appellant Mahendra Singh S/o Adram arrested in connection with F.I.R. No. 213/2020, Police Station Gogamedi, District Hanumangarh shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.