Inderjeet Singh vs State Of Rajasthan And Others

Manoj Kumar Garg, J

Heard the learned counsel for the appellant and the learned Public Prosecutor. Perused the material available on record.

The instant appeal has been filed under Section 14-A(2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.614/2023, Police Station Anupgarh for the offences under Sections 363, 366, 376 IPC and Sections 3 & 4 of POCSO Act and Sections 3(2)(V), 3(2)(Va) of SC/ST Act against the order dated 17.10.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity Cases), Sri Ganganagar 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 victim in her statement has admitted that she went with the petitioner out of her own free will and she also wants to marry with the petitioner. Further, in the investigation, Police did not find the offence under Section 376 IPC to be proved against the petitioner, whereas only offences under Sections 363, 366A IPC and Section 3(2)(va) of SC/ST Act have been found proved against the appellant. 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 has 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 17.10.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity Cases), Sri Ganganagar is set aside. It is ordered that the accused-appellant Inderjeet Singh S/o Anup Singh arrested in connection with FIR No.614/2023, Police Station Anupgarh 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.