Ganeshram vs State

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.73/2019, Police Station Dantor District Bikaner for the offences under Sections 376 (2) (N) of IPC and section 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 07.02.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner 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 appellant and the prosecutrix were known to each other from very long time and they were in contact throughout. The appellant was visiting the house of the prosecutrix regularly. The prosecutrix is a married lady of 30 years having four kids.

The charge sheet has already been filed in the case. Therefore, he may also be enlarged on bail.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced and the fact that co-accused has been released on bail by the Co-ordinate Bench of this Court, I am of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 07.02.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner is set aside. It is ordered that the accused-appellant Ganeshram S/o Sh. Prabhati Ram arrested in connection with F.I.R. No.73/2019, Police Station Dantor District Bikaner 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.