Kalu Singh vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal has been filed under Section 14A of the SC/ ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.56/2022, registered at Police Station Tibbi, District Hanumangarh, for the offences under Sections 363/34, 366/34, 376, 376D/34 IPC and Sections 3(1)(w) (ii), 3(2)(v), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989 against the order dated 27.10.2023 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Hanumangarh, whereby, the second bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

The earlier criminal appeal being S.B. Criminal Appeal No.956/2023 filed by the appellant against the order dated 10.04.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Hanumangarh, was dismissed by this Court as not pressed on 16.08.2023 while granting liberty to the appellant to file a fresh appeal after getting the statement of the prosecutrix Mst. ‘S’ recorded.

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

Learned counsel for the appellant submitted that statements of the prosecutrix have been recorded before the competent criminal court on 25.10.2023 as P.W.-1. Drawing attention of the Court towards the statements of the prosecutrix recorded before the competent criminal court, learned counsel for the appellant submitted that the prosecutrix in her court statement has not levelled any allegation of sexual assault against the present appellant. It was urged that instead a specific allegation of sexual assault has been levelled by the prosecutrix in her court statements against co-accused Prem Singh. Learned counsel submitted that in view of the fact that statements of the prosecutrix have already been recorded before the competent criminal court, there is no apprehension of the prosecutrix being influenced by the present appellant. Learned counsel submitted that the appellant is in custody since 17.01.2023 and trial of the case will take sufficiently 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. However, he was not in a position to refute the fact that the prosecutrix during her court statement as P.W.-1 has not levelled any allegation of sexual assault against the present appellant.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at bar, this Court is of the prima facie opinion that the order dated 27.10.2023 rejecting the second application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

Consequently, the instant criminal appeal is allowed. The impugned order dated 27.10.2023 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Hanumangarh is set aside. It is ordered that the accused-appellant Kalu Singh S/o Sultan Singh arrested in connection with F.I.R. No.56/2022, registered at Police Station Tibbi, District Hanumangarh 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.