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Judgment
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 23.5.2017 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Pratapgarh, in Cr.Misc. Case No.101/2017 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with F.I.R. No.38/2017, registered at Police Station Devgarh, District Pratapgarh for the offences under Sections 452, 376 and 506 IPC and Section 3(1)(B) of the SC/ST (Prevention of Atrocities) Act.
The prosecutrix is a major married woman aged 40 years.
The alleged incident is said to have occurred on 29.3.2017. FIR was lodged as late as on 3.4.2017 through a complaint. The prosecutrix, in her statement recorded under Sections 161 as well as 164 Cr.P.C . alleged that the appellant entered into her house and subjected her to sexual intercourse under the threat of a
knife. On hearing the noise, her sister-in-law came around and the accused ran away on seeing her. In view of the above circumstances, the argument advanced by the appellant's counsel that a case of consensual sexual relations between two major persons has been given a colour of rape, is not without merit.
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 23.5.2017 is set aside. It is ordered that the accused-appellant Shiv Narain arrested in connection with F.I.R. No.38/2017, registered at Police Station Devgarh, District Pratapgarh 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.