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2022 DIGILAW 2968 (RAJ)

Sunil Kumar v. State of Rajasthan

2022-12-14

MADAN GOPAL VYAS

body2022
JUDGMENT Madan Gopal Vyas, J. - The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.285/2022, Mahila Police Station Sri Ganganagar, for the offences under Sections 376(2)(n), 354(C), 420 IPC and Sections 3(2)(v), 3(1)(r) and 3(1) (s) of SC/ST Act against the order dated 08.12.2022 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Sri Ganganagar 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 appellant has falsely been implicated in this case. It is further submitted that compromise has been arrived at between the appellant and the complainant and now complainant does not want any proceedings against him. The accused-appellant is in judicial custody since long and the trial of the case will take sufficient long time. Learned counsel further submits that the learned court below has grossly erred in law and facts as well as in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant. 3. Learned Public Prosecutor has vehemently opposed the prayer for bail. 4. Learned counsel for the complainant has not disputed the fact of compromise. 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 08.12.2022 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant Sunil Kumar S/o Sh. Krishan Lal, arrested in connection with FIR No.285/2022, Mahila Police Station Sri Ganganagar, 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.