Jamni Devi @ Jamna Devi vs State Of Rajasthan And Others

Farjand Ali, J

The instant appeal has been filed under Section 14-A SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.971/2023, Police Station Pratap Nagar, District Bhilwara for the offences under Sections 384 & 376-D of the IPC and Sections 3(1)(w) & 3(2)(v) of the SC/ST Act, being aggrieved by the order dated 21.12.2023 passed by the learned Special Judge, SC/ST Act Cases (Additional Sessions Judge No.2), Bhilwara in Criminal Misc. Case No.382/2023, whereby the application under Section 439 of the Cr.P.C. has been rejected by the trial Court.

As per the report submitted by the learned Public Prosecutor victim of the case has been intimated regarding hearing of the bail plea telephonically. However, no one is present on her behalf.

It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in the present case and she has nothing to do with the alleged offences. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping the appellant behind the bars. He, therefore, prays that benefit of bail may be granted to the appellant.

Per contra, learned learned Public Prosecutor has opposed the submissions made by the learned counsel for the appellant.

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

Upon consideration of the submission that the petitioner is a lady and she has been alleged to be facilitator of the crime committed by the principal accused. Thus, it would not be justifiable to keep the appellant behind the bars looking to the fact that early culmination of the trial is not a seeming fate. In this background and considering the totality of the facts and circumstances of the case, this Court is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order is set aside. It is ordered that the accused-appellant, named in the cause title, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs. 50,000/- and two sureties 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.