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Judgment
Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.
The instant appeal has been filed under Section 14A(2) SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.91/2016, Police Station Jhadol, Udaipur for the offences under Sections 450 and 376 IPC and Section 3(2)
(v) of the SC/ST (PA) Act against the order dated 23.2.2017 passed by the Special Judge, SC/ST (PA) Cases, Udaipur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Prosecutrix Mst.P has been examined on Oath at the trial. In her cross examination, she admitted that the relations between her and the appellant were consensual. She admitted to have called the appellant at her sister-in-law's house where the sexual relations were established between them voluntarily.
In this background and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar but without expressing any opinion on the merits of the case, I am inclined to grant bail to the appellant.
Consequently, the instant appeal is allowed. The impugned order dated 23.2.2017 passed by the Special Judge, SC/ST (PA) Cases, Udaipur is set aside. It is ordered that the accused-appellant, Ranjeet @ Ranveer arrested in connection with F.I.R.
No.91/2016, Police Station Jhadol, Udaipur shall be released on bail; provided he furnishes a 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.