AI Structured Summary
Not yet generated for this judgment
Judgment
Inderjeet Singh, J
The present criminal appeal under Section 14 (A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR
No.0040/2021 registered at Police Station Atru, District Baran for the offence under Sections 376-D, 457 of IPC and Sections 3(1)(w), 3(2)(v) of
SC/ST (Prevention of Atrocities) Act, 1989 (Amended 2015).
Counsel for the appellants submits that the appellants have been falsely implicated in this matter. Counsel further submits that the prosecutrix is a
married lady, aged about 27 years and having three children. Counsel further submits that FIR has been lodged after delay of 5 days. Counsel further
submits that the appellants are behind the bars since 23.03.2021 and challan has already been presented in the Court and conclusion of trial may take
long time. Counsel further submits that due to ongoing Covid-19 problem, the trial is not proceeding.
Learned Public Prosecutor has opposed the appeal and submitted that the complainant has been duly informed about filing of the present appeal,
however, none appeared on behalf of the complainant.
Considering the material on record and also considering the period of custody and taking into account the facts and circumstances of the present
case and without expressing any opinion on the merits of the case, it would be just and expedient to order the release of the appellants on bail.
The order dated 26.03.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Baran is quashed and set-aside and this
appeal is accordingly allowed. Appellants be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this
order to the concerned trial Court through e-mail/fax, for necessary compliance.