HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 266/2022
Kanhiya Singh S/o Bhawar Singh S/o Paliwal Compound Ke
Samne, Chwani, Kota (Raj.) (At Present Confined In District Jail
Kota)
----Appellant
Versus
1. State Of Rajasthan, Through The Public Prosecutor
2. Victim, D/o Jagdish Nayak aged about 26 years R/o Milat
Nagar, Borkheda, Dist. Kota City (Raj.)
----Respondents
For Appellant(s) : Mr. Manish Kumar Saini for Dr. Mahesh Sharma For Respondent(s) : Mr. S.K. Mahala, PP HON'BLE MR. JUSTICE FARJAND ALI Judgment / Order 16/03/2022 The instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.48/2022, Police Station Borkheda, District Kota City, for the offences under Section 376 of IPC and Sections 3(2)(v) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.
Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.
Despite service, no one has put in appearance on behalf of the complainant/prosecutrix. The service of the notice be taken on record.
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(2 of 2) [CRLAS-266/2022] It is submitted by learned counsel for the appellant that the prosecutrix is of thirty six years of age and she & petitioner were working at the same place and the incident of forceful seducement has been alleged to be continued for two months.
Per contra, learned Public Prosecutor has vehemently opposed the appeal.
Having regard to the totality of facts and circumstances and material available on record and upon consideration of the arguments advanced, I am of the opinion that the appellant deserves to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned order dated 16.02.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is ordered that the accused-appellant- Kanhiya Singh S/o Bhawar Singh arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties 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.
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