Vijay @ Brijlal vs State Of Rajasthan

This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 10.08.2017 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.1258/2017 whereby, the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.16/16 of Police Station Panchu, Distt. Bikaner for the offences punishable under Sections 363, 366, 376(2) read with Section 5, 6 of the POCSO Act, 2012.

Learned counsel for the appellant has submitted that for the first time the prosecutrix was summoned for giving her evidence on 20.03.2017 but she did not appear for giving her statment. It is submitted that thereafter on several occasions, the prosecutrix was regularly summonned even through bailable warrant and warrant of arrest but she failed to appear before the trial court for giving her statement. It is submitted that the appellant is in custody since January, 2016 and this Court vide order dated 11.01.2019 has also observed that if on 29.01.2019, the minor daughter of the complainant fails to appear before the trial court for getting her statement recorded, this appeal of the appellant would be finally heard.

Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case. It is argued that the allegation of sexual assault against the appellant is not corroborated by the medical examination report of the minor daughter of the complainant. It is also submitted that the appellant has falsely been implicated on account of enmity between the compainant and him and now the trial is being delayed on the part of complainant party. It is also submitted that even on 29.01.2019 also the prosecutrix did not appear before the trial court for recording her statments.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 10.08.2017 passed by the trial court in Criminal Misc. Case No.1258/2017 is set aside. It is directed that appellant - Vijay @ Brijlal S/o Giya Ram shall be released on bail in connection with FIR No.16/16 of Police Station Panchu, Distt. Bikaner provided he executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.