Mukesh S/o Debi Lal Jat vs The State of Rajasthan

Accused-appellant has laid this appeal under Section 14A(2)

of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short, ''Act of 1989'') to assail impugned

order dated 19.08.2017 passed by Special Judge, SC/ST,

Prevention of Atrocities Cases, Bhilwara (for short, ''learned trial

Court'') rejecting his bail application under Section 439 Cr.P.C.

arising out of FIR No.02/2017 of Police Station Shahpura, District

Bhilwara. In the FIR, appellant is castigated for offences under

Section 376 IPC and Section 3(1)(w)(i)(ii) of the Act of 1989.

Police after investigation has submitted charge-sheet in the

matter.

I have heard learned counsel for the appellant, learned

Public Prosecutor and perused the impugned order and scanned

the materials available on record.

Upon perusal of the materials available on record and the

statement of prosecutrix recorded under Section 164 Cr.P.C., in my

opinion, impugned order cannot be sustained.

While it is true that, at the stage of consideration of bail

application, Court is not required to scrutinize the evidence so as

to record its satisfaction as to whether prosecution would be able

to bring home guilt against accused beyond all reasonable doubts

but then Court is not expected to lose sight of discrepancies in the

evidence collected during investigation. A close scrutiny of the

statement of prosecutrix recorded under Section 164 Cr.P.C. has

created a shadow of doubt about veracity of her version projected

therein.

In view of foregoing discussion, the instant appeal is

allowed, the impugned order is set at naught, and consequently, it

is ordered that accused-appellant, Mukesh S/o Debi Lal Jat,

arrested in connection with F.I.R. No.02/2017 Police Station

Shahpura, District Bhilwara, may be released on bail; provided he

furnishes a personal bond of Rs.50,000/- with two surety bonds of

Rs.25,000/- each to the satisfaction of 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.