Bhupendra Gehlot vs State

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in

connection with F.I.R. No. 301/2019 Police Station Boranada District Jodhpur for the offences under Sections 366, 376, 120-B I.P.C. and Section 3(2)

(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 1.2.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Jodhpur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

It is submitted by learned counsel for the appellant that the appellant and the prosecutrix are major and neighbours. Counsel for the petitioner submits

that as per the statement of the prosecutrix recorded under Section 161 Cr.P.C., she has stated that she has gone with the present appellant on her

free will. The appellant and the prosecutrix travelled to different places including Mumbai, Bangalore, etc. in public transport without raising any alarm

for almost fifteen days.

Learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the appeal.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court

is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 1.2.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases,

Jodhpur is set aside. It is ordered that the accused-appellant Bhupendra Gehlot S/o Santok Singh arrested in connection with F.I.R. No. 301/2019

Police Station Boranada District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand

Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.