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
6 paragraphs · 337 wordsHeard the learned counsel for the parties and perused the material available on record.
The instant appeal has been filed under Section 14A of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.07/2020, Police Station Sedwa, Barmer for the offences under Sections 363, 366, 343, 376(2)(N) IPC and Sections 3(1)(B)(II), 3(2)(V) of SC/ST (Prevention of Atrocity) Act against the order dated 29.04.2020 passed by learned Special Judge, SC & ST (Prevention of Atrocities), Barmer whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that the prosecutrix is aged about 19 years. If anything happened, that was with the consent of the prosecutrix. Challan of the case has already been presented and now no investigation is pending in the matter. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor and counsel for the respondent No.2 have vehemently opposed the prayer for bail.
Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 29.04.2020 passed by learned Special Judge, SC & ST (Prevention of Atrocities), Barmer is set aside. It is ordered that the accused-appellant Kheta Ram S/o Moola Ram arrested in connection with FIR FIR No.07/2020, Police Station Sedwa, Barmer 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.