Sameer @ Kabir @ Salman 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 03.07.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Udaipur (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.310/2019 pertaining to Sessions Case No.37/2018, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.171/2018 of Police Station Naai, District Udaipur for the offences punishable under Sections 366 and 376 IPC and Section 3(2)(V) of SC/ST Act.

Learned counsel for the appellant has submitted that the allegations against the appellant of abduction the prosecutrix and sexual assault upon her are absolutely false. It is argued that the prosecutrix is major lady and eloped with the appellant as per her own free will, however, later on, has filed this false FIR against the appellant under the pressure of her family members. It is submitted that the charge-sheet has been filed and the trial of the case will take time.

Learned Public Prosecutor has 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 03.07.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Udaipur in Criminal Misc. Case No.310/2019 pertaining to Sessions Case No.37/2018 is set aside. It is directed that appellant - Sameer @ Kabir @ Salman S/o Jaran Ulla @ Jenulla shall be released on bail in connection with FIR No.171/2018 of Police Station Naai, District Udaipur 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.