Gopal Ram @ Gopal Chimpa vs State Of Rajasthan And Ors

This criminal appeal under Section 14-A 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 by the order dated 22.3.2021 passed by the Special Court,

SC/ST ( Prevention of Atrocities Cases) Sriganganagar (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case No.108/2021 (bail

application), whereby the trial court has rejected the bail application.

The appellant has been arrested in FIR No. 48/2021, Police Station Jaitsar, District Sriganganagar for the offences punishable under Sections 363,

366-1, 198, 465, 468, 471 IPC and 3(2)(V) (Wa) of SC/ST (Prevention of Atrocities) Act.

It is submitted by learned counsel for the appellant that in statements under Section 164 Cr.P.C. of the girl, she has specifically indicated that the

appellant did not take her to Sirsa and that she did not want any proceedings against the appellant, no case as alleged is made out against the appellant.

There are no allegation under the POCSO Act against the appellant despite the girl having remained with the appellant for over 15 days and that the

charge-sheet has already been filed. It is further submitted that the applicant is in custody since 18.3.2021 and due to COVID pandemic, the appellant

may be enlarged on bail.

Learned counsel appearing for the complainant and Public Prosecutor have opposed the bail application referring to the indications made in the FIR.

In 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 this criminal

appeal filed by the appellant under Section 14-A of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A of SC/ST Act is allowed; the order dated 22.3.2021 passed by the trial court in Criminal

Misc. Case No.108/2021 is set aside and it is directed that appellant â€" Gopal Ram @ Gopal Chimpa S/o Madanlal, shall be released on bail in

connection with FIR No. 48/2021, Police Station Jaitsar, District Sriganganagar, provided he executes a personal bond in the sum of Rs.1,00,000/- with

two sound and solvent sureties of Rs.50,000/- 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.