Bheru vs State Of Rajasthan And Others

Kuldeep Mathur, J

The second instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.30/2023, registered at Police Station Subhash Nagar, District Bhilwara, for the offences under Section 376-D IPC and Sections 3(1)(w)(i) 3(2)(v) of the SC and ST (Prevention of Atrocities) Act against the order dated 16.08.2023 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Bhilwara whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

The first criminal appeal of the appellant was dismissed by this Court vide order dated 03.07.2023.

Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

Leaned counsel for the appellant submitted that the statements of the prosecutrix have been recorded before the competent criminal court as P.W.-1 on 04.08.2023. Learned counsel submitted that the prosecutrix in her court statements has not supported the prosecution story and turned hostile. It was further urged that in view of the fact that the prosecutrix has not supported the prosecution story and turned hostile, the chances of the appellant getting convicted in the present case are very bleak. Learned counsel submitted that the appellant is in custody and trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail should be granted to the accused-appellant.

Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer for bail. However, they were not in a position to refute the fact that the prosecutrix in her court statements has not supported the prosecution story and turned hostile.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at bar, this Court is of the prima facie 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 second appeal is allowed. The impugned order dated 16.08.2023 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Bhilwara is set aside. It is ordered that the accused-appellant Bheru S/o Jorawar Singh arrested in connection with F.I.R. No.30/2023, registered at Police Station Subhash Nagar, District Bhilwara, shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds 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.