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Judgment
16 paragraphs · 318 wordsThe 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. 20/2020, Police Station Rajnagar, District Rajsamand for the offences under Sections 354(A)(3), 376 & 506 of I.P.C. and
Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dated 22/01/2020 passed by the Special Judge, SC/ST (Prevention of
Atrocities) Cases, Rajsamand, 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 appellant was in contact with the prosecutrix for more than three years. The prosecutrix is a
major lady and has travelled with the appellant at different places and stayed in different hotels on a number of occasions. He further submits that the
matter has been compromised outside the Court.
Counsel for the complainant does not dispute the fact of compromise having been entered between the petitioner and the complainant.
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 22/01/2020 passed by the Special Judge, SC/ST (Prevention of Atrocities)
Cases, Rajsamand is set aside. It is ordered that the accused-appellant Raees Ahmed S/o Shri Ayaj Mohammed arrested in connection with F.I.R.
No. 20/2020, Police Station Rajnagar, District Rajsamand 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.
