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
7 paragraphs · 338 wordsAnoop Kumar Dhand, J
The appeal, under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act of 1989'), is preferred by appellant to assail impugned order dated 08.09.2021, passed by Special Court, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Pali (for short, 'learned trial Court') rejecting his bail application.
Complainant lodged FIR No.52/2021, registered at Police Station Jaitaran, District Pali against appellant attributing offences under Sections 363, 366 & 376(D) IPC and Section 3(2)(w1), 3(2) (5) of the Act of 1989.
It is submitted by learned counsel for the appellant prosecutrix "J" has levelled allegation of committing rape against co-accused Suresh, Aajad and two others and she has not named petitioner as an accused who committed rape with her. It is further stated that no test identification parade of the petitioner was conducted by police and he is not having any criminal antecedents. Lastly, learned counsel has submitted that after completion of investigation, charge-sheet has already been filed and the trial will take its own time.
Learned Public Prosecutor has opposed the appeal.
Having heard learned counsel for the parties and looking to the statements of prosecutrix "J" recorded under Section 164 Cr.P.C. and more particularly, the fact that charge-sheet has been filed and trial will take its own time, I feel persuaded to set aside the impugned order.
Accordingly, the instant appeal is allowed and the impugned order passed by learned trial Court is set aside. As a consequence of setting aside of the impugned order, the bail application of the appellant is allowed and it is ordered that accused-appellant, Kalu Ram S/o Sh. Rama Ji, arrested in connection with F.I.R. No.52/2021, Police Station Jaitaran, District Pali, 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.