Roop Singh vs State, Through P.p.

The 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.14/2018, Police Station Panchodi District Nagaur for the offences under Sections 342, 366, 376 of IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dated 13.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta, 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 the prosecutrix is a lady of 30 years and she travelled with the appellant at different places without raising any alarm. The FIR has been lodged after delay of 12 months from the date of the incident. There is no explanation for the delay caused in lodging the FIR. The charge sheet has already been filed.

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 13.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta is set aside. It is ordered that the accused-appellant Roop Singh S/o Sultan Singh arrested in connection with F.I.R. No.14/2018, Police Station Panchodi District Nagaur 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 s and when called upon to do so.