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2022 DIGILAW 316 (RAJ)

Vijay Singh v. State Of Rajasthan

2022-02-02

RAMESHWAR VYAS

body2022
JUDGMENT Rameshwar Vyas, J. - Mr. Deepak Bansal, learned counsel has put in appearance on behalf of the respondent No. 2-complainant. 2. The instant criminal appeal has been filed under Section 14a of the S.C./S.T. (Prevention of atrocities) act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 562/2021, Police Station Nohar, District Hanumangarh for the offences under Sections 450 & 376 of I.P.C. and Sections 3(2)(V) of S.C./S.T. (Prevention of atrocities) act against the Order dated 11.01.2022 passed by the Special Judge, S.C./S.T. (Prevention of atrocities) act Cases, Hanumangarh, whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected. 3. Heard learned counsel for the appellant and learned counsel for the respondent No. 2-complainant through video conferencing as well as learned Public Prosecutor. Perused the material available on record. 4. Learned counsel for the appellant submits that the prosecutrix is 32 years old, who lodged the F.I.R. after delay of three days. The false allegation of rape has been levelled against the appellant. He further submits that the charge-sheet has already been filed. The trial of the case is not likely to be completed in near future. In the above circumstances, he prays that the appeal of the appellant may be allowed and he may be enlarged on bail. 5. Learned Public Prosecutor as well as learned counsel for the respondent No. 2-complainant have opposed the appeal. as per contention of learned counsel for the respondent No. 2-complainant, the prosecutrix belongs to Scheduled Caste and forced has been used against her. He further submits that this is not a case of consent. 6. Having regard to the rival contentions of learned counsel for the parties as well as facts and circumstances of the case more particularly looking to the age of the prosecutrix; the circumstances in which incident is alleged to be happened and the delay in filing the report, without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted. 7. Consequently, the instant criminal appeal is allowed. The impugned Order dated 11.01.2022 passed by the Special Judge, S.C./S.T. (Prevention of atrocities) act Cases, Hanumangarh is set aside. 7. Consequently, the instant criminal appeal is allowed. The impugned Order dated 11.01.2022 passed by the Special Judge, S.C./S.T. (Prevention of atrocities) act Cases, Hanumangarh is set aside. It is ordered that the accused-appellant - Vijay Singh S/o Shrvan Singh arrested in connection with F.I.R. No. 562/2021, Police Station Nohar, District Hanumangarh shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/-(Rupees: One Lac Only) and two sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) each to the satisfaction of the trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.