The court's decision was influenced by the interpretation of the consensual relations between the appellant and the prosecutrix, the delay in filing the FIR, and the overall facts and circumstances of the case in granting bail under the SC/ST (Prevention of Atrocities) Act.

JUDGMENT

Sandeep Mehta, J. - Learned Public Prosecutor has placed on record the report regarding service of notice of appeal upon the complainant/respondent No.2. However, no one has appeared on her behalf despite service.

2. Heard. Perused the material available on record.

3. This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 03.02.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur in Misc. Criminal Case No.24/2021 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.431/2021, Police Station Hiranmagri, District Udaipur, for offences under Section 376 of the IPC and under Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

4. Learned counsel Shri Rawal submits that the complainant as well as the prosecutrix were admitted in the hospital for treatment. There consensual relations were established between them. The FIR came to be submitted after a gross delay of eight months. He thus, craves indulgence of bail in this case.

5. Per contra, learned Public Prosecutor has vehemently and fervently opposed the submissions advanced by appellant's counsel.

6. The prosecutrix is a major married woman, aged about 26 years. She claims to be admitted in Kanak Hospital, Udaipur from 29.01.2020 to 24.04.2020. During this period, the appellant was also admitted there and in the intervening period, sexual relations were allegedly established between them. The prosecutrix went to the extent of stating that her husband was not taking care of her and the appellant offered to keep her as his wife. Be that as it may. 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.

7. Consequently, the appeal is allowed. The order dated 03.02.2021 is set aside and it is ordered that the accusedappellant Vinod Prajapat S/o Shri Mangi Lal arrested in connection with FIR No.431/2021 Police Station Hiranmagari, District Udaipur 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.