Gurvindra Singh vs State Of Rajasthan And Anr

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).

Despite service, nobody has put in appearance on behalf of the respondent No.2.

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 F.I.R. No. 66/2021 Police Station Hindumalkot, District Sriganganagar for the offences under Sections 363, 366 IPC and Section 3(2)

(VA) SC/ST (Prevention of Atrocities) Act against the order dated 31.03.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases,

Sriganganagar 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. Learned counsel for the appellant submits that the allegations against the present appellant are false

and baseless as Mst. 'N' herself called the appellant to elope with her. As per the statement of Mst. 'N', her parents harassed and forcing her to marry

a person who is 40 years of age, therefore, she called the present appellant. She stated that she wants to marry the present appellant after completing

the age of 18 years. She further stated in her statement that no wrong has been committed by the appellant.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced as also the

present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court is of the opinion that the appeal of the

appellant deserves to be allowed.

Consequently, the instant appeal is allowed. The impugned order dated 31.03.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Sriganganagar is set aside. It is ordered that the accused-appellant Gurvindra Singh S/o Banta Singh arrested in connection with F.I.R. No.

66/2021 Police Station Hindumalkot, District Sriganganagar 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.