Pintu @ Abdul Kadir vs State Of Rajasthan And Others

Kuldeep Mathur, J

For the reasons indicated in the application for early hearing of the appeal, the same is allowed. The matter is heard today itself.

Heard learned counsel representing the appellant and learned Public Prosecutor. Perused the material available on record.

This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved by the order dated 30.06.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Pratapgarh in Cr. Misc. Case No.50/2023 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.297/2022, Police Station Arnod, District Pratapgarh, for the offences under Sections 366, 342, 343, 376 and 506 IPC and Sections 3(2)(V) and 3(2) (va) of the SC/ST Act.

Drawing attention of the Court towards the statements of the prosecutrix (PW-1) recorded before the competent criminal court on 06.06.2023, learned counsel for the appellant submitted that the prosecutrix who is mature married woman, voluntarily eloped with the present appellant and remained in his company out of her own free will and volition. Learned counsel submitted that the prosecutrix in her cross-examination, has admitted that she travelled with the appellant to various places such as Pratapgarh, Badi Sadri, Rajsamand, Kankroli using public transportation and despite having ample opportunities, she did not disclose the factum of she being abducted or subjected to sexual assault by the present appellant. Learned counsel further submitted that the appellant who is aged about 26 years, is in judicial custody since 04.02.2022. The statements of the prosecutrix have already been recorded before the competent criminal court, therefore, there is no chance of petitioner influencing the witnesses or tampering with the evidence. Learned counsel submitted that the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the appellant on bail.

Learned Public Prosecutor has vehemently opposed the bail application. However, he was not in position to refute the fact that the statements of the prosecutrix have already been recorded before the competent criminal court, therefore, there is no chance of petitioner influencing the witnesses or tampering with the evidence.

Having considered the rival submissions, facts and circumstances of the case and after going through the statements of the prosecutrix (PW-1) recorded before the competent criminal court, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the appellant is entitled to be released on bail.

Consequently, the appeal is allowed. The order dated 30.06.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Pratapgarh is set aside. It is ordered that the accused-appellant Pintu @ Abdul Kadir S/o Lal Mohd. arrested in connection with FIR No.297/2022, Police Station Arnod, District Pratapgarh shall be released on bail during pendency of the trial; provided he furnishes personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.