Sandeep Kumar vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.48/2023, Police Station Gogamedi, District Hanumangarh, for the offence under Sections 3(1)(s), 3(2)(v), 3(2)(va) of SC/ST Act and Section 376(2)(n), 504, 506 IPC Act against the order dated 15.05.2023 passed by learned Special Judge, (SC/ST Court), Hanumangarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Counsel for the appellant submits that the prosecutrix is major and FIR in this case has been lodged after a considerable delay and the said delay has not at all been explained by the prosecutrix. Challan of the case has already been presented and no investigation is pending. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Counsel further submits that the learned court below has grossly erred in law and facts as well in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.

Learned Public Prosecutor and counsel for respondent No.2 have vehemently opposed the prayer for bail.

Having regard to the entirety of facts and circumstances as available on record 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 15.05.2023 passed by the learned Special Judge, (SC/ST Court), Hanumangarh is set aside. It is ordered that the accused-appellant Sandeep Kumar S/o Dharmpal, arrested in connection with FIR No.48/2023, Police Station Gogamedi, District Hanumangarh, shall be released on bail; 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.