Mithu Singh @ Kala Singh vs State of Rajasthan

Mr. Vijay Bishnoi, J. - Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

The appellant has been arrested in FIR No. 167/2016 of Police Station, Goluwala, District Hanumangarh for the offence punishable under Sections 363, 366, 366 A, 354 IPC & 7/8 POCSO Act, 2012 & under Section 3(2)(V) SC/ST Act. He has preferred this criminal appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel for the appellant has submitted that as a matter of fact, the prosecutrix has went away with the appellant as per own free will. She remained with him for six days and has visited several places. It is also contended that in the statement recorded under Section 164 Cr.P.C. the prosecutrix has specifically stated that the appellant has not committed sexual assault upon her.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Accordingly, this criminal appeal filed under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed and it is directed that appellant Mithu Singh @ Kala Singh S/o Shri Makhan Singh shall be released on bail in connection with FIR No. 167/2016 of Police Station, Goluwala, District Hanumangarh provided he executes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.