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Judgment
Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the material available on record.
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.228/2015, Police
Station Banar, Jodhpur for the offences under Sections 376(2),
376(G), 354, 384 IPC read with Section 3(2)(5) / 3 (1)/3(x) of the
SC/ ST Act and Section 3/4 and 11/12 of the POCSO Act against
the order dated 20.03.2017 passed by the Special Judge, SC/ST
(PA) Cases, Jodhpur whereby, the bail application preferred under
Section 439 Cr.P.C. on behalf of the appellant was rejected.
The prosecutrix Mst. ''R'' has been examined at the trial. She
did not support the prosecution story either against the accused
appellant Shrawan or co-accused Jhumarram and attributed the
allegations of rape only against co-accused Shobha Ram.
Thus, 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 appellant deserves to be released on bail.
Consequently, the instant appeal is allowed. The impugned
order dated 20.03.2017 passed by the Special Judge, SC/ST (PA)
Cases, Jodhpur is set aside. It is ordered that the accused-
appellant, Shrawan Ram arrested in connection with F.I.R.
No.228/2015, Police Station Banar, Jodhpur shall be released on
bail; provided he furnishes a personal bond of Rs.50,000/- and
two surety bonds of Rs.25,000/- 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.