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Judgment
Sole appellant has preferred the instant appeal filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2015, being aggrieved and dissatisfied by the order dated 07.08.2017 passed in A.B.P. No. 1296 of 2017 by learned Additional Judicial Commissioner-I, Ranchi, arising out of Ratu P.S. Case No. 124 of 2017, SC/ST No. 273 of 2017, dated 24.06.2017, registered under Section 376 (D) of I.P.C. and Section 3 (W)(1) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, lodged on the basis of one written report given by prosecutrix (a), whereby and whereunder, learned Sessions Judge, in view of Section 18 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act has rejected the prayer for anticipatory bail as not maintainable.
It appears that notices were issued to respondent no. 2 on 12.09.2017. Despite valid service of notice, nobody appeared on behalf of respondent no. 2 on 13.11.2017 and the matter was directed to be listed today. Today also nobody appeared on behalf of the respondent no. 2.
Case diary has been received.
Learned counsel for the appellant while pressing the prayer for anticipatory bail of the appellant has submitted that respondent no. 2 has given version on 24.06.2017 that she had gone for catering work in a marriage as a labourer along with her husband and after completion of the function, at about 1:00 P.M. in night, Manoj Sahu made the respondent no. 2 to sit in Indigo Car of this appellant and appellant was driving the vehicle and her husband was asked to sit in another car and after some distance, rape was committed upon her, but she has given entire different version in her statement recorded under Section 164 of the Cr.P.C. on 29.06.2017 before learned Magistrate, copy of same has been annexed as Annexure-2, where she has only named Manoj Sahu committing rape upon her, but there is no whisper against this appellant. This falsifies the case of the prosecution.
It is submitted that there is no whisper of the fact that appellant was having knowledge that victim is a member of Scheduled Tribe and so no offence under Section 3 (1)(W) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act is made out against the appellant.
So, in the facts and circumstances of the case, appellant deserves the privilege of anticipatory bail.
Learned APP produced the case diary and submitted that in para-32, the doctor has examined the prosecutrix, but has not found any injury on her private parts and no foreign body or hair around was found in her private parts and her age was determined to be 21-22 years and no evidence of sexual intercourse at the time of examination was found. It is further submitted that the prosecutrix in her fardbeyan has named this appellant as owner of the vehicle.
In view of the submissions made on behalf of the appellant, I am inclined to admit the appellant on anticipatory bail. The impugned order dated 07.08.2017 is set aside.
The appellant is directed to surrender in the Court below on 18.12.2017 and in the event of his arrest or surrender, the Court below shall enlarge the above named appellant on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of Additional Judicial Commissioner-I, Ranchi, in connection with Ratu P.S. Case No. 124 of 2017, SC/ST No. 273 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. subject to further condition that on the date of surrender, appellant shall deposit Rs. 25,000/- before the court below by way of ad interim compensation.
On deposition of the aforesaid amount, the Special Court / court below will issue notice to the respondent no. 2 and on her appearance, the court below will release the aforesaid amount of Rs. 25,000/- in favour of respondent no. 2.
The aforesaid deposition will not prejudice the case of the appellant during trial.
The appeal stands allowed.
Let a copy of order be sent to the court below.