Kanhiyalal vs State

Vinit Kumar Mathur, J

Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona

virus (COVID-19).

The instant appeal has been filed under Section 14A of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in

connection with FIR No.155/2021, Police Station Pipad City, Jodhpur for the offences under Sections 344 & 376 of I.P.C. and under Sections 3(1)(W)

(i)(ii) & 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 04.01.2022 passed by the learned Special Judge, SC/ST

(Prevention of Atrocities) Cases, Jodhpur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

Learned counsel for the appellant submits that petitioner and prosecutrix Mst. ‘S’ are known to each other and were regularly talking on

telephone. He further submits that Mst. ‘S’ has travelled with the appellant to Jodhpur in public transport and stayed there for about 10 days in

a rented premises without raising any alarm. He submits that the prosecutrix is a major married lady of 43 years. He, therefore, prays that the appeal

of the appellant may kindly be allowed.

Learned Public Prosecutor opposes the appeal.

Thus, having regard to the entirety of facts and circumstances as available on record and the fact that the submissions of the learned counsel for the

petitioner get fortified from the statement of the prosecutrix Mst. ‘S’ recorded under Section 164 Cr.P.C. as well as upon a consideration of the

arguments advanced, this Court is of the opinion that appeal of the appellant deserves to be allowed.

Consequently, the instant appeal is allowed. The impugned order dated 04.01.2022 passed by the learned Special Judge, SC/ ST (Prevention of

Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Kanhiyalal S/o Sohanlal arrested in connection with FIR No.155/2021,

Police Station Pipad City, Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and

two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.