Kapil Baildar vs State Of Rajasthan

This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be

referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 21.06.2019 passed by the Special

Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur (hereinafter to be referred as ‘trial court’) in Criminal

Misc. Case No.287/2019 (CIS No.166/2019), whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.388/2019 of Police Station Pratapnagar, District Udaipur for the offences punishable under Sections 376

and 386 IPC and Section 3(2)(V) of SC/ST Act.

Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case. It is argued that the prosecutrix in the FIR

has alleged that the appellant sexually assaulted her in the year 2011. Learned counsel for the appellant has submitted that there is no explanation

regarding the delay in filing the FIR for the alleged incident of sexual assault in June 2019. It is submitted that as a matter of fact the prosecutrix

developed relation with the appellant as per her own free will and when the marriage of the appellant was fixed somewhere else, she has filed this

false FIR against him only with the intention to extort money.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and

proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 21.06.2019 passed by the Special Judge,

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Udaipur in Criminal Misc. Case No.287/2019 (CIS No.166/2019) is set

aside. It is directed that appellant - Kapil Baildar S/o Late Lalit Kumar shall be released on bail in connection with FIR No.388/2019 of Police Station

Pratapnagar, District Udaipur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each

to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till

the completion of the trial.