Bindu @ Balvindra Kumar vs State

This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 5.8.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.143/2019 (CIS No.126/2019) whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.112/2019 of P.S. Mahila, District Hanumangarh, for the offences punishable under Sections 450, 366 and 376 of I.P.C. & Section 2(2)(V) of SC/ST Act.

Learned counsel for the appellant has submitted that the allegation of sexual assault levelled against the appellant is absolutely false. It is argued that the prosecutrix in the FIR mentioned her age as 20 years whereas during the course of investigation, the police have concluded that at the time of incident, her age was 29 years. Learned counsel for the appellant has submitted that the relations between the appellant and the prosecutix were consensual, however, with intention to extort money from the appellant, she has filed this false FIR against him. Learned counsel for the appellant has submitted that charge-sheet has been filed and trial of the case will take time.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 5.8.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh in Criminal Misc. Case No.143/2019 (CIS No.126/2019) is set aside. It is directed that appellant - Bindu @ Balvindra Kumar S/o Jagdish shall be released on bail in connection with FIR No.112/2019 of P.S. Mahila, Hanumangarh provided he executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.