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Ravindra Singh vs State Of Rajasthan And Ors

Rajasthan High Court · Decided on 14 December 2020 · Citation: (2020) 12 RAJ CK 0075

HON’BLE JUDGES
Mahendar Kumar Goyal, J
ACTS & SECTIONS REFERRED
Scheduled Castes And the Scheduled Tribes (Prevention Of Atrocities), 1989 — Section 3(1)(w), 3(2)(va), 14-A(2), 15A(3) · Indian Penal Code, 1860 — Section 354, 363, 366A · Protection Of Children from Sexual Offences (POCSO) Act, 2012 — Section 7, 8 · Code Of Criminal Procedure, 1973 — Section 164
CASE NUMBER
Criminal Appeal No. 1645 Of 2020
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Judgment

19 paragraphs · 433 words

Learned Public Prosecutor apprises this Court that compliance of Section 15-A (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities), 1989 (for short ""the Act of 1989"") has been made.

The present appeal has been filed under Section 14-A (2) of the Act of 1989. The appellant has been arrested in connection with FIR No.245/2020

registered at Police Station Kotwali Bundi District Bundi for the offence (s) under Section(s) 354 of IPC and Sections 7 & 8 of the Protection of

Children from Sexual Offences (POCSO) Act, 2012 (for brevity ""the Act of 2012"") and Section 3(1)(w) of the Act of 1989 and later on for the

offences under Sections 363, 366-A & 354 of IPC, Sections 7 & 8 of the Act of 2012 and Sections 3(1)(w) & 3(2)(va) of the Act of 1989.

It is contended by learned counsel for the appellant that he has falsely been implicated in this case. He submitted that during the course of

investigation, it was found that no offence under the Act of 1989 is made out and hence, charge-sheet has been filed under Sections 354, 363, 366-A

of IPC and Section 7/8 of the Act of 2012. Drawing attention of this Court towards the statement of prosecutrix recorded under Section 164 CrPC,

learned counsel for the appellant contended that no offence, as alleged, is made out against him, he is in custody since 23.09.2020, charge-sheet has

been filed, trial of the case will take time, he has no criminal antecedents and prayed for his release on bail.

Learned Public Prosecutor has opposed the appeal. Taking into consideration the submissions advanced by learned counsel for the appellant, the

nature of allegation against him, his length of custody, filing of the charge-sheet and absence of criminal antecedents; but, without expressing any

opinion on the merits of the case, this Court deems it just and proper to enlarge the appellant on bail.

The order dated 03.10.2020 passed by the learned Special Judge, SC/ST (POA) Cases, Bundi is quashed and set-aside and the appeal is accordingly

allowed and it is directed that accused- appellant Ravindra Singh S/o Ajeet Singh shall be released on bail provided he furnishes a personal bond in the

sum of Rs.100,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the

satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all

subsequent dates of hearing and as and when called upon to do so.