Dilip vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal has been filed under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.568/2022 registered at Police Station Pratapgarh, District Pratapgarh, for the offences under Sections 342, 506 and 376 IPC and Section 3(1)(w)(i), 3(2) (va) of the SC/ST Act.

Heard learned counsel for the appellant and Public Prosecutor for the State. Perused the statement of prosecutrix recorded under Section 164 Cr.P.C. before the competent criminal court.

It is submitted by learned counsel for the appellant that he has falsely been implicated in this case. Learned counsel further submitted that the present petitioner and the prosecutrix had consensual relationship however, the relationship turned strained and consequently, only with a view to teach a lesson to the appellant the FIR had been lodged. The appellant is in judicial custody since long and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel submits that benefit of bail may be extended to the appellant.

Per contra, learned Public Prosecutor vehemently opposed the bail application.

Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced without commenting on the merits of the case, this Court deems it proper to enlarge the appellant on bail.

Consequently, the instant appeal is allowed. The impugned order dated 07.01.2023 passed by the learned Special Judge, SC/ ST Atrocities Court, Pratapgarh is set aside. It is ordered that the accused-appellant Dilip S/o Manna Lal arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided him furnish a personal bond of Rs.1,00,000/-and two sureties of Rs.50,000/- each to the satisfaction of the learned lower Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.