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Judgment
Inderjeet Singh, J
The present criminal appeal under Section 14 (A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR
No.508/2019 registered at Police Station Chirawa, District Jhunjhunu for the offence under Sections 363, 366 of IPC and Sections 3(2)(VA) of SC/ST
Act, 1989 and Sections 17/18 of POCSO Act, 2012 (In FIR) and under Sections 363, 366, 376, 323 of IPC and Sections 3(1)(W)(i), 3(1)(W)(ii), 3(2)
(v) of SC/ST Act, 1989 and Sections 3/4 of POCSO Act, 2012.
Counsel for the appellant submits that the appellant has been falsely implicated in this matter. Counsel further submits that the appellant is 22 years
old boy and according to FIR, victim is of 17 years. Counsel further submits that both were having love affair and she went with the appellant several
times. Counsel further submits that the appellant is behind the bars for last about one and half year. Counsel further submits that actual age of the
victim is yet to be determined during trial.
Learned Public Prosecutor has opposed the appeal and submitted that the complainant has been duly informed about filing of the present appeal,
however, none appeared on behalf of the complainant.
Considering the material on record and also considering the period of custody and taking into account the facts and circumstances of the present
case and without expressing any opinion on the merits of the case, it would be just and expedient to order the release of the appellant on bail.
The order dated 25.01.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu is quashed and set-aside and
this appeal is accordingly allowed. Appellant be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of
this order to the concerned trial Court through e-mail/fax, for necessary compliance.