Sandeep Kumar 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 F.I.R. No. 729/2019 Police Station Nayashahar District Bikaner for the offences under Sections 376-D(2)(N) I.P.C. and Section 3(1)

(S), 3(1)(W) of the SC/ST (Prevention of Atrocities) Act against the order dated 6.2.2020 passed by the Special Judge, SC/ST (Prevention of

Atrocities) Cases, Bikaner, 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 appellant and the prosecutrix were meeting for last two years. The prosecutrix is a major

lady having regular contact with the present appellant. The appellant never promised her that he will marry her in future.

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 6.2.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases,

Bikaner is set aside. It is ordered that the accused-appellant Sandeep Kumar S/o Suryanarayan Dwivedi arrested in connection with F.I.R. No.

729/2019 Police Station Nayashahar District Bikaner 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 as and when called upon to do so.