Pushp Raj Singh @ Pushpendra Singh vs State Of Rajasthan And Others

Manoj Kumar Garg, J

Heard the learned counsel for the parties and perused the material available on record.

The instant appeal has been filed under Section 14-A of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.59/2022, Police Station Sabla, District Dungarpur for the offences under Section 366, 376, 376(2)(h), 344 of IPC and Section 3(2)(Va) of SC/ST (Prevention of Atrocity) Act against the order dated 03.11.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Dungarpur whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Counsel for the appellant submits that according to the statement of prosecutrix, specific allegation for committing rape has been levelled against the co-accused Dinesh and present appellant was merely accompanied him in the alleged crime. Counsel further submits that no allegation has been levelled against the present appellant. Challan of the case has already been presented and now no investigation is pending. 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 opposed the prayer for bail. 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 03.11.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Dungarpur is set aside. It is ordered that the accused-appellant Pushp Raj Singh @ Pushpendra Singh S/o Joravaar Singh, arrested in connection with FIR No.59/2022, Police Station Sabla, District Dungarpur shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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.