Sangeeta vs State Of Rajasthan

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

The appellant has been arrested in FIR No. 109/2018 of Merta Road Police Station, District Nagaur for the offences punishable under Sections 366, 343, 376, 120-B IPC and under Sections 3[1][2][v][va] of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. She has preferred this criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. It is submitted that the allegations against the appellant is to the effect that the petitioner along with co-accused persons had abducted the prosecutrix, however, the prosecutrix has specifically stated that she went with the appellant and co-accused persons on per her own free will on 1.10.2018. Learned counsel for the appellant has submitted that earlier also, the prosecutrix has lodged a false complaint of sexual assault and kidnapping against one Malik son of Hamir at Merta, however, later on before the trial court she has not supported the prosecution story and turned hostile and on account of that Malik son of Hamir has been acquitted by the trial court. Learned counsel for the appellant has submitted that the prosecutrix is in habit of lodging false complaint against various persons only with the intention of extort money from them.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Accordingly, this criminal appeal filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is allowed and it is directed that appellant - Sangeeta Spouse/o Gopal Singh shall be released on bail in connection with FIR No. 109/2018 of Merta Road Police Station, District Nagaur provided she execute a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.