The entitlement of the appellant to be released on bail during the trial under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 was established based on the overall facts and circumstances of the case.

JUDGMENT

Sandeep Mehta, J. - 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.

2. Heard learned counsel for the appellant, learned Public Prosecutor and perused the impugned order as well as the challan papers.

3. 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 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.

4. 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.

5. Consequently, the appeal is allowed. The order dated 22.01.2021 is set aside and it is ordered that the accusedappellant 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.