Ramesh 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 20.11.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Pratapgarh (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Application No.97/2019, whereby the trial court has dismissed the anticipatory bail application filed on behalf of the appellant.

The appellant apprehends his arrest in connection with FIR No.234/2019 of Police Station Chhoti Sadari, District Pratapgarh for the offence punishable under Section 366 and 376 IPC and Sections 3(1)(12)(2) 5 A of SC/ST Act.

Learned counsel for the appellant has submitted that the prosecutrix is major and married lady and she was in consensual relationship with the appellant. It is submitted that the prosecutrix has lodged the complaint against the appellant regarding sexual assault due to some misunderstanding.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Learned counsel for the complainant has verified that the relation between the appellant and the prosecutrix were consensual and she filed the complaint levelling sexual assault against the petitioner due to some misunderstanding.

Heard learned counsel for the parties 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 14A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14A(2) of SC/ST Act is allowed and the order dated 20.11.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Pratapgarh in Criminal Misc. Bail Application No.97/2019 is set aside. It is directed that in the event of arrest of the appellant - Ramesh S/o Motilal Gadiya in connection with FIR No.234/2019 of Police Station Chhoti Sadari, District Pratapgarh he shall be enlarged on bail provided he furnishes 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 the concerned I.O./S.H.O. on the following conditions:-

(i) He shall make himself available for interrogation by Investigating Officer as and when required;

(ii) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) He shall not leave India without the previous permission of the court.