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Judgment
Appellant has preferred this appeal aggrieved by order dated 10.09.2020 passed by Special Judge SC/ST Cases, Jhalawar whereby, bail application
filed by the appellant under Section 439 Cr.P.C. was rejected.
F.I.R. No.166/2020 was registered at Police Station Dag, District Jhalawar (Raj.) for offence under Sections 376 I.P.C. and Sections 3 (1)(W)(i),
3(1)(W)(ii) of SC/ST Act.
It is contended by counsel for the appellant that prosecutrix is a married lady. There is a delay of one month in lodging of the F.I.R.
Learned Public Prosecutor has informed the complainant about filing of the appeal.
No one has put in appearance on behalf of the complainant.
Learned Public Prosecutor has opposed the appeal.
I have considered the contentions.
Considering the contentions put forth by counsel for the appellant, I deem it proper to allow the appeal.
The order dated 10.09.2020 is quashed and set aside and the appeal is, accordingly, allowed and it is directed that accused- appellant shall be
released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of
Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any
Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.