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Judgment
Kuldeep Mathur, J
The instant appeal has been filed under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.41/2023 registered at Police Station Matoda, District Jodhpur, for the offences under Sections 342, 376(2)(n) and 376(D) of IPC and Section 3(1)(w1), 3(1) (wII), and 3(2)(v) of the SC/ST Act.
Heard learned counsel for the appellant, learned Public Prosecutor for the State and learned counsel for the complainant. Perused the material available on record.
It is submitted by learned counsel for the appellant that he has falsely been implicated in this case owing to a personal dispute between the parties which has now been settled amicably.
The appellant is in judicial custody since long and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel submits that benefit of bail may be extended to the appellant.
Per contra, learned Public Prosecutor and learned counsel for the complainant vehemently opposed the bail application but were not in a position to refute the aforesaid compromise which has taken place between the parties.
Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced without commenting on the merits of the case, this Court deems it proper to enlarge the appellant on bail.
Consequently, the instant appeal is allowed. The impugned order dated 29.03.2023 passed by the learned Special Judge, SC/ ST (Prevention of Atrocities) Court, Jodhpur Metro is set aside. It is ordered that the accused-appellant Kamla W/o Sh. Banshi Ram Bhil arrested in connection with FIR No.41/2023 registered at Police Station Matoda, District Jodhpur, shall be released on bail, if not wanted in any other case, provided she furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-each to the satisfaction of the learned lower Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.