AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 327 wordsManoj Kumar Garg, J
Heard learned counsel for the appellant, learned Public Prosecutor and counsel for the respondent No.2 and perused the material available on record.
The instant appeal has been filed under Section 14A of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.275/2023, Police Station Pratap Nagar, District Bhilwara for the offences under Sections 376 of IPC and Section 3(1)(w), 3(2)(W) of SC/ST Act and against the order dated 25.04.2023 passed by learned Special Judge SC/ST Bhilwara whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
It has been submitted on behalf of the appellant that the prosecutrix has been examined in Court as PW/1 and there are material contradictions, improvement and omission in her statement. The accused-appellant is in judicial custody since 08.04.2023 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-appellant.
Learned Public Prosecutor and counsel for the respondent No.2 have 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 order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 25.04.2023 passed by learned Special Judge SC/ST Cases, Bhilwara is set aside. It is ordered that the accused-appellant Bharat @ Bittu S/o Mahesh arrested in connection with FIR No.275/2023, Police Station Pratap Nagar, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two sureties bond of Rs.50,000/- 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.