Kuldeep 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 06.09.2019 passed by the Special Judge, Protection of Children from Sexual Offences Act, 2012, Bikaner (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.166/2019 (Sessions Case No.62/2019), whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR/CR No.69/2019 of Police Station Poogal, District Bikaner for the offences punishable under Section 306 IPC, Section 3(2)(5) of SC/ST Act and Section 16/17 of POCSO Act.

Learned counsel for the appellant has submitted that the allegation against the appellant of instigating the deceased to commit suicide is false. It is submitted that as a matter of fact the appellant gave loan of Rs.20,000/- to the family member of the deceased, however, when the said loan amount was not repaid, the appellant insisted the deceased for repaying it and for that reason, he used to ask the deceased to insist her family member to repay the loan. It is submitted that though in the suicide note, allegedly written by the deceased, the name of the appellant is figured in it but only it is mentioned that she is committing suicide due to appellant but no reason is mentioned that how the appellant had harassed her or instigated her to commit suicide. It is submitted that the charge-sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the parties 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 06.09.2019 passed by the Special Judge, Protection of Children from Sexual Offences Act, 2012, Bikaner in Criminal Misc. Case No.166/2019 (Sessions Case No.62/2019) is set aside. It is directed that appellant Kuldeep S/o Ami Lal shall be released on bail in connection with FIR/CR No.69/2019 of Police Station Poogal, District Bikaner 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.