AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
6 paragraphs · 337 wordsManoj Kumar Garg, J
Heard the learned counsel for the parties and perused the material available on record.
The instant appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.118/2022, Police Station Mawali, District Udaipur for the offences under Sections 420, 354-B, 323, 506/34 of IPC and Sections 3(1)(R)(S)(W)(ii), 3(2)(Va) of SC/ST Act against the order dated 11.10.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Udaipur whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that the prosecutrix was major at the time of incident and no specific allegation has been levelled against the appellant. Counsel further submits that this is a dispute of civil nature. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor opposed the prayer for bail. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 11.10.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Udaipur is set aside. It is ordered that the accused-appellant Heera Lal S/o Jodha Ji, arrested in connection with FIR No.118/2022, Police Station Mawali, District Udaipur shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds 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.