Rajasthan High Court - Jodhpur
Jagsir Singh 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. 1050/2021
Jagsir Singh S/o Prem Kumar, Aged About 20 Years, R/o Chack 1
M L, Kaluwala, Tehsil And Distt. Sriganganagar. (At Present
Lodged In Central Jail, Sriganganagar)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Gagandeep W/o Sharvan, R/o Kaluwala, Tehsil And
Distt. Sriganganagar, At Present R/o Riico Sriganganagar
Distt. Sriganganagar.
----Respondents
For Appellant(s) : Mr. Rajender Singh Charan.
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.154/2021, Police
Station Mahila Thana, District Sriganganagar, for the offences under
Sections 376(2)(N), 450, 354 IPC and u/s 3(I)(w)(i)(ii), 3(I)(w) (ii),
3(2) (V) of SC/ST (Prevention of Atrocities) Act against the order
dated 28.10.2021 passed by the learned Special Judge SC/ST
(Prevention of Atrocities Act) Act Cases, Sri Ganganagar, whereby
the bail application preferred under Section 439 Cr.P.C. on behalf of
the appellant was rejected.
Counsel for the appellant submits that the prosecutrix is a
major girl and she resided with the appellant due to which she got
pregnant. If anything happened, it was with the consent of the
(2 of 2) [CRLAS-1050/2021]
prosecutrix. Challan of the case has already been presented and
now no investigation is pending. 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 28.10.2021 passed by the learned Special Judge SC/ST
(Prevention of Atrocities Act) Act Cases, Sri Ganganagar is set aside.
It is ordered that the accused-appellant Jagsir Singh S/o Prem
Kumar arrested in connection with F.I.R. No.154/2021, Police Station
Mahila Thana, District Sriganganagar 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
259-prashant/-
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