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Judgment
9 paragraphs · 376 wordsDefects are overruled.
In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.
This criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 29.05.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Case No.75/2020, whereby the trial court has dismissed the bail application filed on behalf of the appellant.
The appellant has been arrested in FIR No.03/2020 of Police Station Dechu, Jodhpur for the offences punishable under Sections 457, 380, 376 IPC and Section 3(1)(S)(w-ii) and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act.
Heard learned counsel for the parties and perused the material available on record.
The prosecutrix is a widow lady. The appellant is in custody since 20.01.2020 and the charge-sheet in this case has already been filed.
The FIR and the statement indicate that the petitioner and the prosecutrix were in relationship for last three years. In the statement recorded under Section 161 of Cr.P.C., the prosecutrix admits love affair with the present appellant apart from supporting other allegations.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to allow the appeal filed by the accused appellant under Section 14-A of SC/ST Act.
Accordingly, this criminal appeal filed under Section 14-A of SC/ST Act is allowed and the order dated 29.05.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur in Criminal Misc. Bail Case No.75/2020 is set aside. It is directed that appellant -Mahendra Singh S/o Shri Swaroop Singh shall be released on bail in connection with FIR No.03/2020 of Police Station Dechu, Jodhpur 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.