Faij Ashare 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 16.4.2019 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Case No.135/2019 (CIS No.135/2019), whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.52/2019 of Police Station Kotwali Sirohi for the offences punishable under Sections 420, 406, 384, 376(2)(F)(N) of IPC read with Section 3(2)(V) of SC/St.

Learned counsel for the appellant has submitted that the appellant has been falsely implicated in this case. It is argued that as a matter of fact, the prosecutrix is major, she was in friendship with the appellant and allegations of sexual assault levelled against the appellant are false. It is also submitted that the complaint regarding sexual assault has been filed with a delay of about one year. 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 16.4.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi in Criminal Misc. Bail Case No.135/2019 is set aside. It is directed that appellant - Faij Ashare S/o Sohel Akhter shall be released on bail in connection with FIR No.52/2019 of Police Station Kotwali, Sirohi 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.