Rajasthan High Court - Jodhpur
Dilip vs State Of Rajasthan on 20 December, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1210/2021
Dilip S/o Sh. Thana Ram, Aged About 27 Years, B/c Prajapat, R/o
Jakha Nagar, Sumerpur, P.s. Sumerpur, Tehsil Sumerpur, Dist.
Pali.
(Presently Lodged In Distt. Jail, Pali).
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Jagdish Kumar S/o Sh. Sada Ram, Aged About 26 Years,
B/c Sargara, R/o Jakha Nagar, Sumerpur, P.s. Sumerpur,
Dist. Pali.
----Respondents
For Appellant(s) : Mr. Sabir Khan Silawat.
For Respondent(s) : Mr. Mukesh Trivedi, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
20/12/2021
The instant appeal has been filed under Section 14-A (2) of
SC/ST (Prevention of Atrocities) Act,1989 on behalf of the appellant,
who is in custody in connection with F.I.R. No.457/2021, Police
Station Sumerpur, District Pali, for the offences under Sections 366,
450, 376 IPC and under Sections 3(1) (w)3(2)(v) of SC/ST Act
against the order dated 12.11.2021 passed by the learned Special
Judge SC/ST (Prevention of Atrocities Act Cases), Pali, whereby the
bail application preferred under Section 439 Cr.P.C. on behalf of the
appellant was rejected.
Counsel for the appellant appeared and submits that the
prosecutrix is a major girl and she was roamed with the appellant in
so many places and during this period she did not raise any hue and
cry. If anything happened, it was with the consent of the
prosecutrix. Challan of the case has already been presented.
(2 of 2) [CRLAS-1210/2021]
Accused-appellant is in judicial custody and the trial of the case will
take sufficient long time to be concluded. Therefore, the benefit of
bail should be granted to the accused-appellant. The learned court
below has grossly erred in law and facts as well in declining to
release the appellant on bail.
Learned Public Prosecutor has opposed the prayer for bail.
Heard learned counsel for the appellant and learned public
prosecutor and also perused the material available on record.
Having regard to the entirety of facts and circumstances as
available on record and upon a consideration of the arguments
advanced at the bar, this Court is of the opinion that the order
rejecting the application for bail filed on behalf of the appellant,
cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned
order dated 12.11.2021 passed by the learned Special Judge SC/ST
(Prevention of Atrocities Act Cases), Pali is set aside. It is ordered
that the accused-appellant Dilip S/o Sh. Thana Ram arrested in
connection with F.I.R. No.457/2021, Police Station Sumerpur, District
Pali shall be released on bail; provided he furnishes a personal bond
of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- 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.
(MANOJ KUMAR GARG),J
263-prashant/-
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