Ast Ali @ Aast Ali vs State Of Rajasthan And Others

Rameshwar 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. 61/2022 registered at Police Station Sedwa, Barmer for the offences under Sections 450, 365, 376(1) IPC and Sections 3(1)(w)(ii), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dated 20.5.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer, 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 the prosecutrix is married mature lady and false allegation of rape has been levelled against the appellant.

Learned Public Prosecutor has opposed the appeal. Learned counsel for the complainant does not object to grant of bail to the appellant.

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 20.5.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocties) Cases, Barmer is set aside. It is ordered that the accused-appellant, Ast Ali @ Aast Ali S/o Salim Khan arrested in connection with F.I.R. No. 61/2022 registered at Police Station Sedwa, Barmer 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.