The main legal point established in the judgment is that the appellant, accused of offenses under the SC/ST (Prevention of Atrocities) Act, is entitled to be released on bail based on the overall facts and circumstances of the case.

JUDGMENT

Sandeep Mehta, J. - Heard. Perused the material available on record.

2. 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 05.01.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali in Misc. Criminal Case No.12/2021 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.174/2020, Police Station Jaitaran, District Pali, for offences under Sections 406, 376, 366-A, 376(2)(n) and 120-B of the IPC and under Sections 3(1)(w-1), 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

3. The prosecutrix is a major married woman, aged about 25 years. She admitted in her statement under Section 161 Cr.P.C. that she and the appellant herein stayed as spouses. 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.

4. Consequently, the appeal is allowed. The order dated 05.01.2021 is set aside and it is ordered that the accusedappellant Khinya Ram S/o Shri Bhana Ram arrested in connection with FIR No.174/2020, Police Station Jaitaran, District Pali 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.