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2023 DIGILAW 25 (RAJ)

Naresh v. State of Rajasthan

2023-01-03

MANOJ KUMAR GARG

body2023
JUDGMENT Manoj Kumar Garg, J. - Heard the learned counsel for the parties and perused the material available on record. 2. The instant appeals have been filed under Section 14A of SC/ST (PA) Act on behalf of the appellants, who are in custody in connection with FIR No.371/2022, Police Station Kotwali Dungarpur, Dungarpur for the offences under Sections 498A, 323, 354, 376 of IPC and Sections 3(1)(r)(s)(w), 3(2)(VA) of SC/ST (Prevention of Atrocity) Act against the orders dated 17.11.2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Dungarpur whereby the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected. 3. Counsel for the appellants submits that the prosecutrix is a major lady and she willingly resided with the accused appellant Naresh for a long time and later on, owing to family dispute, she filed a false FIR against the accused appellants. The accused-appellants are 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-appellants. 4. Learned Public Prosecutor has opposed the prayer for bail. 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 orders rejecting the applications for bail filed on behalf of the appellants, cannot be sustained and deserve to be set aside. 5. Consequently, both the appeals are allowed. The impugned orders dated 17.11.2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Dungarpur are set aside. It is ordered that the accused-appellants (1) Naresh S/o Vasudev & (2) Harish S/o Bhemraj arrested in connection with FIR No.371/2022, Police Station Kotwali Dungarpur, Dungarpur shall be released on bail; provided each of them 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.