Rajendra Swami vs State Of Rajasthan

This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 21.1.2019 passed by the Special Judge, POCSO Act 2012 and the Commissions for Protection of Child Rights Act, 2005, Hanumangarh (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.17/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.217/2018 of Police Station Gogamedi, District Hanumangarh, for the offences punishable under Sections 354 and 323 I.P.C. and Section 3(1) (W), and 2(2)(Va) SC/ST (Prevention of Atrocities) Act and Section 7/8 of POCSO Act.

Learned counsel for the appellant has submitted that the appellant has been falsely implicated in this case. It is argued that this false FIR has been lodged by the complainant as the appellant was in relation with sister-in-law (brother's wife of the complainant). It is also submitted that from the injury report, it is clear that no visible injury is seen on the body of daughter of the complainant. Learned counsel for the appellant has submitted that charge-sheet has been filed.

Learned Public Prosecutor as well as learned counsel for the complainant have opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 21.1.2019 passed by the learned Special Judge, POCSO Act 2012 and the Commissions for Protection of Child Rights Act, 2005, Hanumangarh in Criminal Misc. Case No.17/2019 is set aside. It is directed that appellant Rajendera Swami S/o Devi Lal shall be released on bail in connection with FIR No.217/2018 of Police Station Gogamedi, District Hanumangarh, provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.