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Judgment
7 paragraphs · 367 wordsManoj Kumar Garg, J
Heard the learned counsel for the parties and perused the material available on record.
The instant appeal has been filed under Section 14A (2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.128/2023, Police Station Lohawat, District Jodhpur for offences under Section 363, 342, 376-D IPC and Sections 3(1)(w)(i)(ii), 3(2)(v) of SC/ST (Prevention of Atrocity) Act against the order dated 11.08.2023 passed by learned Special Judge, SC/ST Cases, Jodhpur Metro whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that the prosecutrix is major and she roamed with the petitioner and resided with him for about two days. Earlier a missing person report was registered in which the prosecutrix gave the statement that she herself left the house and no rape was committed with her. Later on, the present FIR was lodged against the petitioner. Challan of the case has already been presented and no investigation is pending. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor and counsel for the complainant have vehemently opposed the prayer for bail.
Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 11.08.2023 passed by learned Special Judge, SC/ST Cases, Jodhpur Metro is set aside. It is ordered that the accused-appellant Prakash Singh S/o Jaswant Singh arrested in connection with FIR No.128/2023, Police Station Lohawat, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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.