Ajay vs State

This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 02.11.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Dungarpur (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.567/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.159/2019 of Police Station Dowada, District Dungarpur for the offences punishable under Sections 370(2), 376 D of IPC and Section 3(2)(VA) of SC/ST Act.

Learned counsel for the appellant has submitted that allegation of sexual assault upon the appellant is absolutely false.

It is submitted that as a matter of fact, the appellant was cheated by the prosecutrix and the other co-accused persons namely Sanjay and Mahesh, who solemnized marriage of the appellant with the prosecutrix. She stayed with him for twenty to twenty two days and thereafter left his house without informing him. It is submitted that photographs of marriage of the appellant with the prosecutrix clearly shows that no inducement or force was used by the appellant. It is also submitted that after rejection of the first bail application of the appellant, charge-sheet has been filed and trial of the case will take time.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case and after going through the charge-sheet, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 02.11.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Dungarpur in Criminal Misc. (Bail) Case No.567/2019 is set aside. It is directed that appellant - Ajay S/o Sh. Anil Kumar Rawal shall be released on bail in connection with FIR No.159/2019 of Police Station Dowada, District Dungarpur provided he executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.