Aadam Khan vs State, Through P.p.

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.227/2019, Police Station Swaroopganj District Sirohi for the offences under Sections 354-A & 376 of IPC and under Sections 3(2)(V), 3 (1) (w) (i) of the SC/ST (Prevention of Atrocities) Act against the order dated 09.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

It is submitted by learned counsel for the appellant that the prosecutrix is a married lady of 25 years. In the FIR which was

(2 of 2) [CRLAS-113/2020]

registered by the husband of the prosecutrix, no allegation has been leveled against the appellant. In the present FIR, the incident is alleged to be of March, 2019 whereas the FIR came to be lodged in the month of September. There is no explanation about the delay caused in lodging the FIR.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 09.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi is set aside. It is ordered that the accused-appellant Aadam Khan S/o Vajir Bhai arrested in connection with F.I.R. No.227/2019, Police Station Swaroopganj District Sirohi shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.

(VINIT KUMAR MATHUR),J

103-AnilSingh/-