High CourtsSingle Bench

Mukesh Prajapat vs State Of Rajasthan

Rajasthan High Court · Decided on 27 July 2020 · Citation: (2020) 07 RAJ CK 0052

HON’BLE JUDGES
Pankaj Bhandari, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 366, 376 · Scheduled Caste and Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(1)(W), 3(2)(V)
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 930 Of 2020
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Judgment

14 paragraphs · 234 words
1.

The appellant has preferred this appeal aggrieved by order dated 08.05.2020 passed by Special Judge SC/ST Act (Prevention of Atrocity Cases)

Bundi (Rajasthan) whereby bail application filed by the appellant was rejected.

2.

F.I.R. No.71/2020 was registered at Police Station Dabi District Bundi for offence under Sections 366 & 376 I.P.C. and Section 3(1)(W), 3(2)(V)

SC/ST Act.

3.

It is contended by the counsel for the appellant prosecutrix is married lady who went with the appellant on her own free will.

4.

Learned Public Prosecutor has opposed the appeal. He contends that information was sent to the complainant. No one has put in appearance on

behalf of the complainant, despite service.

5.

I have considered the contentions.

6.

Considering the contentions put-forth by the counsel for the appellant and also without commenting upon merits of the case, I deem it proper to

allow the appeal.

7.

The order dated 08.05.2020 is set aside and the appeal is allowed and the appellant is directed to be released on bail provided she furnishes a

personal bond of Rs. 1,00,000/- (Rupees One Lakh only) and two sureties in the sum of Rs.50,000/- (Rupees Fifty thousand only) each to the

satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of

hearing and as and when called upon to do so.