AI Structured Summary
Not yet generated for this judgment
Judgment
Manoj Kumar Garg, J
Heard the learned counsel for the parties and perused the material available on record.
The instant appeal has been filed under Section 14-A(2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.205/2022, Police Station Mahamandir, District Jodhpur for the offences under Sections 376(2)(n), 323, 509 of IPC and Sectinos 3(2)(V) & 3(2)(VA) of SC/ST (Prevention of Atrocity) Act against the order dated 30.04.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that the prosecutrix was major girl and she was in relationship with the present appellant. She also mentioned in her statement recorded under Section 164 Cr.P.C. that she married with the appellant and compromise has already been arrived between the parties and now she does not want to proceed against the appellant. Challan of the case has already been presented and now no investigation is pending. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor opposed the prayer for bail. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 30.04.2022passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Jodhpur Metro is set aside. It is ordered that the accused-appellant Anil Chouhan S/o Sumer Singh Chouhan arrested in connection with FIR No.205/2022, Police Station Mahamandir, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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.