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 · 367 wordsManoj Kumar Garg, J
Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.
The instant appeal has been filed under Section 14A of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.602/2022, Police Station Subhash Nagar, District Bhilwara for the offences under Sections 323, 341, 376 of IPC and Sections 3(1)(w)(ii) and 3(2)(w) of SC/ST (Prevention of Atrocities Cases) and against the order dated 18.01.2024 passed by learned Special Judge SC/ST (Prevention of Atrocitiea Cases), Bhilwara whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. The earlier criminal appeal has been dismissed as not pressed vide order dated 01.08.2023 with liberty to file afresh after recording the statement of prosecutrix.
It has been submitted on behalf of the appellant that now the prosecutrix has been examined as PW/1 and she admits in her statement that the present appellant did not commit rape with her and she also stated that she never knew the present appellant Irfan. 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 18.01.2024 passed by learned Special Judge SC/ST (Prevention of Atrocities Cases), Bhilwara is set aside. It is ordered that the accused-appellant Irfan S/o Shri Ummed Khan arrested in connection with FIR No.602/2022, Police Station Subhash Nagar, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two sureties bond of Rs.50,000/- 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.