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Judgment
Manoj Kumar Garg, J
The instant appeal has been filed under Section 14A (2) of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.48/2022, Police Station Mahila Thana, District Nagaur for the offences under Sections 372(2)(n), 406 and 420 of IPC and Sections 3(1)(w)(ii), 3(2)(va) of SC/ST Act and against the order dated 14.09.2022 passed by learned Special Judge SC/ST Cases, Merta whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
It has been submitted on behalf of the appellant that according to the statement of prosecutrix, she was major and she lived with the appellant for about 7-8 years and the FIR has been lodged after a considerable delay and the said delay has not at all been explained by the complainant. Challan of the case has already been presented. 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 vehemently opposed the prayer for bail.
Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.
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 14.09.2022 passed by learned Special Judge SC/ST Cases, Merta is set aside. It is ordered that the accused-appellant Mahaveer S/o Shri Ramchandra arrested in connection with FIR No.48/2022, Police Station Mahila Thana, District Nagaur shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two sureties bond of Rs.50,000/- 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.