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Judgment
Manoj Kumar Garg, J
The instant appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.117/2023, Police Station Gotan, District Nagour, for the offence under Sections 343, 376(2)(N), 384 IPC and Sections 3(1)(W)(I), 3(2)(V)(VA) of SC/ST Act against the order dated 01.09.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Merta 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 is major and FIR in this case has been lodged after a considerable delay and the said delay has not at all been explained by the prosecutrix. The prosecutrix stated that the incident was happened about one and half year ago. Charge-sheet has already been filed against the petitioner. The accused-appellant is inside the jail since 23.05.2023 and the trial of the case will take sufficient long time to be concluded. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor and counsel for respondent No.2 have vehemently opposed the prayer for bail and submitted that the petitioner is threatening the prosecutrix and her family members, therefore, benefit of bail should not be granted to the petitioner.
Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar and considering the statement of the prosecutrix as well as the fact that the charge-sheet has already been filed, 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 01.09.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Merta is set aside. It is ordered that the accused-appellant Jaidev S/o Shri Parsaram, arrested in connection with FIR No.117/2023, Police Station Gotan, District Nagour, 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.
However, it is ordered that the petitioner shall neither visit the place where the prosecutrix resides, nor give threat to the prosecutrix and her family members.