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Judgment
.1 Heard learned counsel for 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) Act
being aggrieved of the order dated 24.5.2017 passed by learned
Special Judge, SC/ST (Prevention of Atrocities) Cases, Jalore, in
Cr.Misc. Case No.251/2017 rejecting the bail application preferred
on behalf of the appellant who is in custody in connection with
F.I.R. No.103/2016, registered at Police Station Jalore, District
Jalore for the offences under Sections 363, 366, 344, 376(2)(N)
and 120B IPC and Section 3(2)(5) of the SC/ST (Prevention of
Atrocities) Act.
Sarfaraz Nawaz @ Dhabuda who allegedly subjected the
prosecutrix to rape has been enlarged on bail by this Court.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits 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
24.5.2017 is set aside. It is ordered that the accused-appellant
Sadik Kha arrested in connection with F.I.R. No.103/2016,
registered at Police Station Jalore, District Jalore shall be released
on bail during pendency of the trial; 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.