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Judgment
6 paragraphs · 328 wordsRameshwar Vyas, J
The instant appeal has been filed under Section 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No. 102/2022 registered at Police Station Devgarh, Rajsamand for the offences under Sections 354(A), 376/511 IPC and Sections 3(1)(w)(i), 3(2) (Va) of the SC/ST (Prevention of Atrocities) Act against the order dated 1.6.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Rajsamand, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Learned counsel for the appellant submits that false allegation of attempt to rape has been levelled against the appellant. The statement of complainant recorded under Section 164 Cr.P.C. does not constitute offence under Section 376/511 IPC. Learned counsel for the appellant submits that the appellant is innocent and hence, he prays that the appeal filed by the appellant deserves to be allowed.
On the contrary, learned counsel for the complainant as well as learned Public Prosecutor have opposed the appeal.
Having regard to the rival contentions of the learned counsel for the parties and after perusal of the material available on record, in the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant the bail to the appellant.
Consequently, the instant appeal is allowed. The impugned order dated 1.6.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocties Act) Cases, Rajsamand is set aside. It is ordered that the accused-appellant, Ashish S/o Ram Niwas Jat arrested in connection with F.I.R. No. 102/2022 registered at Police Station Devgarh, Rajsamand shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/-with two sound and solvent sureties 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.