Gajendra Singh 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 27.09.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Pali (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Application No.NIL/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.106/2019 of Police Station Falna, District Pali for the offences punishable under Sections 342 and 376(2)(N) of IPC and Sections 3(1)(W2) and 3(2)(5) of SC/ST Act.

Learned counsel for the appellant has submitted that the allegation against the appellant of sexual assault is absolutely false. It is argued that the complainant is in relation with the appellant for quite some time and insisted him to marry her but when he refused to marry her, she has filed this false FIR against him. It is also submitted that there is a delay in filing the complaint against the appellant and no explanation regarding the said delay is provided. It is further submitted that the complainant is a major girl and relations between her and the appellant were consensual. It is submitted that the charge-sheet has been filed and the 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 27.09.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Pali in Criminal Misc. Bail Application No.NIL/2019 is set aside. It is directed that appellant Gajendra Singh S/o Bheem Singh shall be released on bail in connection with FIR No.106/2019 of Police Station Falna, District Pali 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.