Malam Singh vs State Of Rajasthan
2021 Latest Caselaw 8910 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 204/2021

Malam Singh S/o Shri Hadman Singh, Aged About 35 Years, Narsisar, P.s. Sheruna, District Bikaner. (At Present Lodged In Central Jail Bikaner).

----Appellant Versus

1. State Of Rajasthan, Through P.P

2. Savitri W/o Ridmal Ram, By Caste Meghwal, R/o Narsisar, District Bikaner.

                                                                  ----Respondents


For Appellant(s)           :     Mr. Varun Arora
For Respondent(s)          :     Mr. Mohd. Javed Gouri, PP



             HON'BLE MR. JUSTICE SANDEEP MEHTA

                                  Judgment

06/04/2021

As per office report, notice of the bail appeal has been

served upon the respondent No.2/complainant. However, no one

has appeared on her behalf despite service.

Heard learned counsel for the appellant, learned Public

Prosecutor and perused the impugned order as well as the challan

papers.

This appeal has been preferred on behalf of the appellant

under Section 14-A(2) of the SC/ST (Prevention of Atrocities)

Amendment Act 2015 being aggrieved of the order dated

22.01.2021 passed by learned Special Judge, SC/ST (Prevention

of Atrocities) Cases, Bikaner in Bail Application No.149/2021

rejecting the bail application preferred on behalf of the appellant

who is in custody in connection with FIR No.106/2020, Police

(2 of 2) [CRLAS-204/2021]

Station Sheruna, District Bikaner, for offences under Sections 342,

376 & 506 of the IPC and under Sections 3(2)(va), 3(2)(v) and

3(1)(w)(i) of the SC/ST (Prevention of Atrocities) Act.

The prosecutrix is a major married woman, aged about 32

years. After going through the statement of the prosecutrix

recorded under Section 164 Cr.P.C., I am of the opinion that any

comment on the veracity of the statement may prejudice the trial

but in any event, the appellant deserves indulgence of bail during

trial. Thus, having regard to the overall facts and circumstances 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

22.01.2021 is set aside and it is ordered that the accused-

appellant Malam Singh S/o Shri Hadman Singh arrested in

connection with FIR No.106/2020 Police Station Sheruna, District

Bikaner shall be released on bail during pendency of the trial;

provided he furnishes 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.

(SANDEEP MEHTA),J 160-/Sudhir Asopa/-

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