Sahbaj Sohel vs State Of Rajasthan And Others

Manoj Kumar Garg, J

Heard learned counsel for the appellant as well as learned public prosecutor and perused the material available on record.

The instant appeal has been filed under Section 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.83/2021, P.S. Deedwana, District Nagaur, for the offences under Sections 354-GH, 450, 457, 341, 384, 376(2) IPC and Sections 3(1)(w)(i)(ii), 3(2)(v)(va) of SC/ST Act and Section 67 of I.T. Act against the order dated 19.05.2021 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Merta, District Nagaur, in Criminal Misc.(Bail) Application No.81/2021 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.

Learned counsel for the appellant submits that according to the statement of the prosecutrix, first act by the appellant was committed in the year 2017 and no report was lodged at that time so there is delay in filing the F.I.R. Challan of the case has already been presented and no investigation is pending. The trial of the case will take sufficient long time to be concluded. Therefore the appellant may be released on bail.

Learned Public Prosecutor has opposed the prayer for bail made by the appellant.

Having regard to the entirety of facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned order dated 19.05.2021 passed by the Special Judge SC/ST (Prevention of Atrocities) Cases, Merta, District Nagaur is set aside. It is ordered that the accused appellant Sahbaj Sohel S/o Sawalin shall be released on bail in FIR No.83/2021, P.S. Deedwana, District Nagaur, provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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. If the appellant threatens/influence the prosecutrix after his release, the prosecutirx is at liberty to file an application for cancellation of bail.