Pradeep vs State And Others

Vinit Kumar Mathur, J

Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona

virus (COVID-19).

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in

connection with FIR No. 282/2021, Police Station Rajgarh, District Churu for the offences under Sections 450, 376(2)(n), 342 of I.P.C. and Section

3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dated 20/09/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Churu, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

It is submitted by learned counsel for the appellant that the prosecutrix Mst.’R’ who is a major lady of 30 years has appeared before the

learned trial Court as PW.1. She has not supported the prosecution case, thus she has been declared hostile. He further submits that there is no

evidence except the testimony of PW.1 worth credence against the appellant in this case.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court

is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 20/09/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Churu set aside. It is ordered that the accused-appellant Pradeep S/o Ram Niwas arrested in connection with F.I.R. No.282/2021, Police

Station Rajgarh, District Churu shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two

sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) each to the satisfaction of the 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.