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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.