Consensual nature of the relationship and likelihood of trial duration as factors in granting bail under the SC/ST Act.

JUDGMENT

Sandeep Mehta, J. - Heard learned counsel for the appellant, learned Public Prosecutor and perused the material available on record.

2. The instant appeal has been filed under Section 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.179/2020 registered at the Police Station Bhirani, District Hanumangarh for the offences under Sections 376(2)(N), 506, 379 IPC and Section 3(2) (V) of the SC/ST Act, against the order dated 02.11.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh in Criminal Misc. Case No.184/2020, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

3. Notice of the appeal has been served upon the respondent-complainant, but no one has appeared to oppose the appeal on her behalf.

4. The contention of Mr. Choudhary is that the case is purely of consensual relations between two major persons.

5. The prosecutrix is a widowed lady aged about 26 years. Even as per her own statement, he accompanied the petitioner to various places including Gogamedi, Hisar and Jaipur etc., where both of them stayed together for number of days. The prosecutrix has alleged that her indecent photographs/video clips were taken by the petitioner. However, the photographs shown to this court do not indicate any indecent pose between the petitioner and the complainant. Considering the fact that the prosecutrix, being a matured major woman voluntarily, accompanied the petitioner to various places and stayed with him in various hotels, where sexual relations were established between them, the contention of Mr. Choudhary that the relationship is consensual is not without merit. The trial of the case is likely to consume time.

6. In this background and 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 appellant deserves indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellant cannot be sustained.

7. Consequently, the instant appeal is allowed. The impugned order dated 02.11.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh in Criminal Misc. Case No.184/2020 is set aside. It is ordered that the accused-appellant Pawan Kumar S/o Randhir Singh arrested in connection with F.I.R. No.179/2020 registered at the Police Station Bhirani, District Hanumangarh 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.