Ganesha Ram vs State

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in

connection with FIR No.213/2019, Police Station- Kuchaman City, District Nagaur for the offences under Sections 384, 376, 506 of IPC and sections

3(2)(V), 3(1)(r)(s) of the SC/ST (Prevention of Atrocities) Act against the order dated 28.01.2020 passed by the Special Judge, SC/ST (Prevention of

Atrocities) Cases, Merta District Nagaur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

It is submitted by learned counsel for the appellant that the charge sheet has already been filed in the case. The prosecutrix is a married lady of 35

years. The appellant and the prosecutrix are known to each other for quite some time. Therefore, he may also be enlarged on bail.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced and the

fact that co-accused has been released on bail by the Co-ordinate Bench of this Court, I am of the opinion that the appellant deserves to be enlarged

on bail.

Consequently, the instant appeal is allowed. The impugned order dated 28.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Merta, District Nagaur is set aside. It is ordered that the accused-appellant Ganesha Ram S/o Moola Ram arrested in connection with F.I.R.

No.213/2019, Police Station- Kuchaman City, District Nagaur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees:

Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) 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.