Dinesh Saini vs State Of Rajasthan

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 01.08.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Application No.207/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.255/2019 of Police Station Udaimandir, District Jodhpur for the offences punishable under Sections 376 and 313 IPC and Section 3(1)(W) of SC/ST Act.

Learned counsel for the appellant has submitted that the allegations against the appellant of sexual assault and forcing the complainant-prosecutrix to abortion are false. It is also submitted that now the matter has been compromised between the appellant and the complainant-prosecutrix.

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

Learned counsel for the complainant as well as the complainant-prosecutrix, present in person and identified by her counsel, have submitted that the matter has been compromised between the appellant and the complainant-prosecutrix.

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 01.08.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Jodhpur in Criminal Misc. Bail Application No.207/2019 is set aside. It is directed that appellant Dinesh Saini S/o Gordhan Ram shall be released on bail in connection with FIR No.255/2019 of Police Station Udaimandir, District Jodhpur 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.