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.