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Judgment
Present appeal has been filed under Section 14 (A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the order dated 21-01-2020 passed by Special Judge (Atrocities), Bhind whereby the application of the appellant under Section 439 of Cr.P.C. seeking bail has been rejected.
Appellant is in custody since 26-06-2019 in connection with Crime No.333/2019 registered at Police Station City Kotwali, Bhind for the offence punishable under Sections 363, 366-A, 376 (2)(i), 368 of IPC, Section 3/4 of the POCSO Act and under Sections 3(2)(v), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
It is submitted by learned counsel for the appellant that the case is of false implication and he is suffering confinement since 26-06-2019 whereas charge-sheet has already been filed. Learned counsel referred the statements under Sections 161 and 164 of Cr.P.C. of prosecutrix and submits that she left her maternal home on her own volition and no allegation of rape is available in the statement. At best it is a case under Sections 363 and 366- A of IPC and not at all the case under Section 376 of IPC. Confinement since 26-06-2019 amounts to pretrial detention. Appellant undertakes to cooperate in trial and would make himself available as and when required by the trial Court. He further undertakes that he would not move in the vicinity of prosecutrix in any manner and would not be a source of harassment and embarrassment to the complainant party. He further undertakes to do some community service also if granted bail. Thus, prayed for grant of bail.
On the other hand, learned counsel for the State opposed the bail application and prayed for the dismissal of appeal.
Heard learned counsel for the parties and perused the case diary. Considering the submissions made by learned counsel for the parties and fact situation of the case, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal in the following terms.
It is directed that the appellant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial
This order will remain operative subject to compliance of the following conditions by the applicant:-
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Certified copy as per rules.