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2022 DIGILAW 2927 (RAJ)

Yunus Kha v. State of Rajasthan

2022-12-09

MANOJ KUMAR GARG

body2022
JUDGMENT Manoj Kumar Garg, J. - 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.158/2022, Police Station Khajuwala, District Bikaner for the offences punishable under Sections 450, 376(1), 323 of the IPC and Sections 3 (1)(R), 3(1) (w)(i), 3(2)(V), 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act against the order dated 10.11.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Bikaner whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Learned counsel for the appellant submits that prosecutrix was a major and in her statements recorded under Section 161 Cr.P.C., she clearly mentions that that no rape has been committed by the appellant and only an attempt was made by the appellant. Later on, in the statement recorded under Section 164 Cr.P.C., an allegation of rape has been made by the prosecutrix against the appellant, which is nothing but an afterthought. Challan of the case has already been presented. The 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 and learned counsel appearing on behalf of the complainant have vehemently opposed the prayer for bail. 4. Heard learned counsel for the parties and also perused the material available on record. 5. 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. 6. Consequently, the instant appeal is allowed. The impugned order dated 10.11.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Bikaner is set aside. It is ordered that the accused-appellant, Yunus Kha S/o Yusuf Kha, arrested in connection with F.I.R. No.158/2022, Police Station Khajuwala, District Bikaner shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. It is ordered that the accused-appellant, Yunus Kha S/o Yusuf Kha, arrested in connection with F.I.R. No.158/2022, Police Station Khajuwala, District Bikaner 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.