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Judgment
7 paragraphs · 334 wordsManoj Kumar Garg, J
Heard the learned counsel for the parties and perused the material available on record.
The instant appeal has been filed under Section 14A (2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.183/2023, Police Station Shastri Nagar, District Jodhpur for offences under Section 376 IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocity) Act against the order dated 12.09.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jodhpur Metro whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
ounsel for the appellant submits that the prosecutrix is major and challan of the case has already been presented and now compromise has also been arrived at between the parties. The accused-appellant is in judicial custody 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 has opposed the prayer for bail, however, learned counsel for the complainant concurs the fact of compromise.
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 12.09.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jodhpur Metro is set aside. It is ordered that the accused-appellant Deenaram @ Dinesh S/o Shri Madanlal arrested in connection with FIR No.183/2023, Police Station Shastri Nagar, District Jodhpur 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.