Ratan Lal Son of Shri Panna Lal vs State of Rajasthan

The instant appeal under Section 14A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(for short, ''Act of 1989'') challenges impugned order dated

03.10.2017 passed by Special Judge, Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Cases, Pali (for short,

''learned trial Court'') rejecting bail application of the appellant

under Section 439 Cr.P.C. arising out of FIR No.110/2017 of

Industrial Area Police Station, District Pali for offences under

Sections 341, 323, 354-B, 376(2)(n), 450, 506 IPC.

Police after investigation has submitted charge-sheet in the

matter and presently trial is progressing before the learned trial

Court.

It is contended by learned counsel that appellant has been

falsely implicated in the matter, inasmuch as, FIR itself is lodged

after a lapse of two years. Learned counsel has further submitted

that the appellant and prosecutrix were having consensual

relationship but with ulterior motive she has lodged the FIR. It is

further argued by learned counsel that a cumulative reading of the

material collected during investigation and the statement of

prosecutrix recorded under Section 164 Cr.P.C. makes it

abundantly clear that the version of prosecutrix is per se not

inspiring confidence. Learned counsel for the appellant has also

submitted that though prosecutrix has castigated the appellant for

taking her obscene photographs and blackmailing her but during

investigation, no such incriminating material is recovered from

him. Lastly, learned counsel would contend that the learned trial

Court has seriously erred in rejecting the bail application of

appellant in spite of the fact that charge-sheet has been filed.

E.Converso, learned Public Prosecutor has vehemently

opposed the bail application of appellant. It is argued by learned

Public Prosecutor that learned trial Court has examined the matter

and thereafter in its discretion declined bail to the appellant,

therefore, the discretionary order passed by learned trial Court

warrants no interference in exercise of appellate jurisdiction.

I have bestowed my consideration to the arguments

advanced at the Bar and perused impugned order in conjunction

with the materials available on record.

Having regard to the facts and circumstances of the case, I

feel persuaded to interfere with the impugned order whereby

learned trial Court has declined bail to the appellant.

Accordingly, the instant appeal is allowed, the impugned

order passed by learned trial Court is set aside and it is ordered

that accused-appellant, Ratan Lal Son of Shri Panna Lal, arrested

in connection with F.I.R. No.110/2017 Police Station Industrial

Area, District Pali, may be released on bail; provided he furnishes

a personal bond of Rs.50,000/- with two surety bonds of

Rs.25,000/- each to the satisfaction of 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.