Surendra Mohan Singh @ Surendra Singh @ Pintu Singh vs State Of Rajasthan

The defects pointed out by the office are overruled. Heard Mr. B.R. Rathore, learned counsel for the appellant through Jitsi Meet App.

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 17.04.2020 passed by the Special Judge, SC/ST Cases, Sirohi (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.153/2020 whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.353/2018 of P.S. Pindwara, Distict Sirohi for the offences punishable under Sections 376 of I.P.C. and Section 3(2)(V) of SC/ST Act.

Learned counsel for the appellant has submitted that the prosecutrix has not supported the prosecution story and turned hostile. She has specifically stated that the appellant is not known to her and she did not give any statement to the effect that the appellant had sexually assaulted her. Learned counsel for the appellant has submitted that in view of the fact that the prosecutrix Anjana (PW-14) has not supported the prosecution story and turned hostile, the appellant is entitled to be released on bail.

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 17.04.2020 passed by the Special Judge, SC/ST Cases, Sirohi in Criminal Misc. Case No.153/2020 is set aside. It is directed that appellant - Surendra Mohan Singh @ Surendra Singh @ Pintu Singh S/o Hari Singh shall be released on bail in connection with FIR No.353/2018 of P.S. Pindwara, Distict Sirohi provided he executes a personal bond in a sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

This Court is of the view that in the prevailing circumstances of complete lock-down amidst spread of COVID-19, furnishing of two sureties would be difficult on the one hand and the same may pose eminent threat to the concerned. It is, therefore, ordered that the appellant shall be released on bail upon furnishing the personal bond. He may furnish requisite sureties by 15 th June, 2020 to the satisfaction of the learned trial court.

The appellant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. In case, he fails to furnish surety bonds by the stipulated time, the instant order will come to an end automatically.