Mahaveer Prasad vs State Of Rajasthan ...
2023 Latest Caselaw 3047 Raj

[2023/RJJD/010099]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 118/2023

Mahaveer Prasad S/o Maniram, Aged About 40 Years, R/o Ghamoorwali At Present Near Shani Mandir Ward No. 1 Gurusar Ps Karanpur Dist. Sri Ganganagar (Presently Lodged In Dist. Jail Sri Ganganagar)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Nisha Balotia D/o Sh. Ramsawroop, Ward No. 03 Sri Karanpur

----Respondents

For Appellant(s) : Mr. V.K. Bhadu.

For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

13/04/2023

The instant appeal has been filed under Section 14A SC/ST

(Prevention of Atrocities) Act on behalf of the appellant, who is in

custody in connection with F.I.R. No.218/2022, registered at Police

Station Sri Karanpur, District Sri Karanpur, for the offences under

Sections 354(D) of IPC, Section 67 IT Act and Sections 3(2)(va) of

the SC/ST (Prevention of Atrocities) Act against the order dated

17.01.2023 passed by the learned Special Judg e Scheduled

Castes /Scheduled Tribes (Prevention of Atrocities) Act Cases,

Sriganganagar whereby, the bail application preferred under

Section 439 Cr.P.C. on behalf of the appellant was rejected.

Learned counsel for the appellant submitted that there is no

allegation against the appellant of committing sexual assault

[2023/RJJD/010099] (2 of 2) [CRLAS-118/2023]

upon the prosecutrix. Learned counsel further submitted that the

appellant is an innocent person and has falsely been implicated in

the present case. The accused-appellant is in judicial custody and

the trial of the case will take sufficiently long time.

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 17.01.2023 passed by the learned Special Judge

Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act

Cases, Sriganganagar is set aside. It is ordered that the accused

appellant Mahaveer Prasad S/o Maniram arrested in

connection with F.I.R. No.218/2022, registered at Police Station

Sri Karanpur, District Sri Karanpur shall be released on bail;

provided he furnishes a 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.

(KULDEEP MATHUR),J 219-Prashant/-

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