Surendra Kumar vs State And Others

Vinit Kumar Mathur, J

Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona

virus (COVID-19).

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 FIR No.212/2021, Police Station Mahila Thana, Sri Ganganagar for the offences under Sections 376(2)(n), 354, 354 ©, 506, 109 of

IPC and Section 3(2) (V) & (Va) of the SC/ST (Prevention of Atrocities) Act against the order dated 11.01.2022 passed by the Special Judge, SC/ST

(Prevention of Atrocities) Cases, Sri Ganganagar, 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 charge sheet in the case has been filed. The prosecutrix Mst ‘J’ is a major married

lady of 27 years. The appellant and Mst ‘J’ are neighbourers and known to each other. Having cordial relationship, the appellant was regularly

visiting the house of the prosecutrix.

The counsel for the appellant vehemently opposes the bail.

Thus, having regard to the entirety of facts, circumstances as available on record and upon a consideration of the arguments advanced and the fact

that the submissions made by the counsel for the appellant are getting fortified from the statements of the prosecutrix recorded under section 161 &

164 of Cr.PC, 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 11.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant Surendra Kumar S/o Omprakash arrested in connection with FIR

No.212/2021, Police Station Mahila Thana, Sri Ganganagar 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.