Ummed Singh @ Ummediya vs State Of Rajasthan

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 20.11.29018 passed by the learned Special Judge, SC/ST (Prvention of Atrocities) Cases, Barmer (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.395/2018, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.167/2017 of Police Station Mahila, Barmer, for the offences punishable under Sections 452,323 and 376(1)/511 I.P.C. and Sections 3(1)(R)(S), 3(1)(B)(I), 3(2)(V) SC/ST Prevention of Atrocities) Act.

Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case. It is submitted that earlier also on 5.9.2017, the prosecutrix had lodged FIR No.129/2017 at Police Station Mahila, Barmer levelling similar allegations against the appellant. Learned counsel for the appellant has submitted that in the said FIR No.129/2017, initially the prosecutrix had alleged that the appellant attempted to commit rape upon her but later on, she alleged that the appellant had committed rape upon her and, therefore, the police had filed charge-sheet in that matter for the offence of sexual assault against the appellant. Learned counsel for the appellant has submitted that the prosecutrix again in November 2017 has filed present FIR alleging that the appellant attempted to commit rape upon her on 12.11.2017. Learned counsel for the appellant has submitted that no such incident had ever taken place as alleged in the complaint and the appellant has falsely been implicated in this case. Learned counsel for the appellant has submitted that charge-sheet has been filed.

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 20.11.2018 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer in Criminal Misc. Case No.395/2018 is set aside. It is directed that appellant - Ummed Singh @ Ummediya S/o Jeta Ram shall be released on bail in connection with FIR No.167/2017 of Police Station Mahila, Barmer provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.