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Rajasthan High Court · body

2022 DIGILAW 1358 (RAJ)

Kaluram v. State

2022-04-29

SANDEEP MEHTA

body2022
JUDGMENT Sandeep Mehta, J. - The instant one is second appeal for bail under Section 14-a(2) of the SC/ST (Prevention of atrocities) act filed on behalf of the appellant-applicant Kaluram @ Kalu Upadhyay S/o Hanuman ram. However, learned counsel Mr. Shreekant Verma has presented the same portraying it to be first appeal for bail. He apologizes for the error submitting that it was inadvertent and he had no knowledge of this being a second appeal for bail. 2. Learned Public Prosecutor has submitted a report of service effected on the complainant. However, no one is present on her behalf. 3. Heard learned counsel for the appellant and learned 4. Public Prosecutor and perused the material available on record. 5. The instant appeal has been filed under Section 14-a SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with F.I.R. No.214/2020 registered at the Police Station Naya Shahar, District Bikaner for the offences under Sections 363, 366, 368, 376-D, 34 IPC and Section 3 (2)(v) of the SC/ST act, against the order dated 07.01.2022 passed by the learned Special Judge, SC/ST (Prevention of atrocities) act Cases and additional Sessions Judge, Bikaner in Criminal Misc. Case No.52/2022, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 6. The first bail appeal preferred on behalf of the appellant, being S.B. Criminal appeal No.819/2020, was dismissed by this court vide order dated 17.02.2021 giving him liberty to file a fresh one after the statement of the prosecutrix is recorded at the trial. Now this second bail appeal has been preferred after recording of the statement of the prosecutrix. In her sworn testimony, she did not allege that the appellant herein subjected her to sexual intercourse. The appellant is in custody since his arrest in his case on 10.08.2020. 7. In this view of the matter and having regard to the over all facts and circumstances of the case, this Court is of the opinion that the appellant deserves indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellant cannot be sustained. 8. Consequently, the instant appeal is allowed. The impugned order dated 07.01.2022 passed by the learned Special Judge, SC/ST (Prevention of atrocities) act Cases and additional Sessions Judge, Bikaner in Criminal Misc. Case No.52/2022 is set aside. 8. Consequently, the instant appeal is allowed. The impugned order dated 07.01.2022 passed by the learned Special Judge, SC/ST (Prevention of atrocities) act Cases and additional Sessions Judge, Bikaner in Criminal Misc. Case No.52/2022 is set aside. It is ordered that the accused-appellant Kaluram @ Kalu Upadhyay S/o Hanumanram arrested in connection with F.I.R. No.214/2020 registered at the Police Station Naya Shahar, District Bikaner shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.