Vishal vs State, Through Pp

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.182/2019, Police Station Desuri District Pali for the offences under Sections 363, 366A of IPC And section 3(2) V, 3(2), (VA) of the SC/ST (Prevention of Atrocities) Act against the order dated 13.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali, 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 as per the statements of the prosecutrix Sandhya recorded under section 161 & 164 of Cr.PC, she has stated that nobody forced her to go with the appellant. She went with the appellant of her own free will and volition. She also stated that no wrong was done by the appellant.

Learned Public Prosecutor opposes the bail.

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 13.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali is set aside. It is ordered that the accused-appellant Vishal S/o Shri Sanjay Bhai arrested in connection with F.I.R. No.182/2019, Police Station Desuri District Pali 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.