Gopal Singh @ Durgpal Singh vs State of Rajasthan

Accused-appellant has laid this appeal under Section 14A(2)

of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short, ''Act of 1989'') to assail impugned

order dated 14.07.2017 passed by Special Court, Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Cases,

Bikaner (for short, ''learned trial Court''). By the order impugned,

learned trial Court has rejected the bail application of appellant in

respect of FIR No.38/2017 of Police Station Naal, Bikaner for

offences under Sections 450, 376D IPC and Sections 3(1)(w)(i),

3(2)(v)(va) of the Act of 1989.

It is submitted by learned counsel for the appellant that

appellant was having consensual relations with the prosecutrix

and he has been falsely implicated in the matter. Learned counsel

for the appellant has further argued that the facts narrated in FIR,

if objectively examined, then ipso facto reveal that allegations are

inherently improbable. It is also argued by learned counsel that

appellant is in custody since 30.05.2017 and after investigation,

charge-sheet in the matter has already been filed.

Learned Public Prosecutor has opposed the appeal and

submits that looking to the gravity and magnitude of offences

attributed to the appellant, no interference with the impugned

order is warranted. Learned Public Prosecutor further submits

that the learned trial Court, in its discretion, has declined the

prayer for bail to the appellant which is not liable to be tinkered

with in exercise of appellate jurisdiction.

Having heard learned counsel for the parties and upon

perusal of the materials available on record, in my opinion,

learned trial Court has not examined the matter in right

perspective. Furthermore, completion of investigation is yet

another mitigating factor for considering bail plea of the appellant

favorably.

Accordingly, the instant appeal is allowed and the impugned

order passed by learned trial Court is set aside and bail application

of the appellant is allowed. It is ordered that accused-appellant,

Gopal Singh @ Durgpal Singh S/o Shiv Singh, arrested in

connection with F.I.R. No.38/2017 Police Station Naal, Bikaner,

may be released on bail; provided he furnishes a personal bond of

Rs.50,000/- with two surety bonds of Rs.25,000/- 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.