The central legal point established in the judgment is the court's discretion to grant bail under the SC/ST (Prevention of Atrocities) Act based on the credibility of allegations, corroboration, and the likelihood of a protracted trial.

JUDGMENT

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

2. The instant appeals have been filed under Section 14- A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants Dinesh S/o Late Shri Virsang Bhai Choudhary (Patel) and Mukesh S/o Shri Poona Nanama, who are in custody in connection with F.I.R. No.122/2020 registered at the Police Station Phalasiya, District Udaipur for the offences under Sections 366, 370, 344, 376 IPC and Section 3(2)(V) of the SC/ST Act, against the orders dated 15.12.2020 and 06.11.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in Criminal Misc. Case Nos.198/2020 and 161/2020 respectively, whereby the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.

3. Learned Public Prosecutor has placed on record the receipt of the notices served upon Shri Suresh Kumar, husband of the prosecutrix. However, no one has appeared on her behalf to oppose the appeal.

4. A perusal of the challan papers indicates that the prosecutrix Mst. 'K' is a major woman aged about 23 years. She lodged a criminal case through a complaint submitted to the Dy.S.P., Jhadol on 08.09.2020, wherein allegation is levelled that the complainant had gone to Sarsoi Hospital on 16.09.2020 at 09.00 a.m. for the treatment of her daughter. While she was returning in the afternoon at about 04.00 p.m., an Alto car came near her, wherein Banshilal, Mohini Devi, Sushial Devi and Mukesh Kumar were present. They pulled the complainant into the car and threatened that if she shouted, she would be killed. Then she was sold off to Dinesh Kumar, who used to indulge in sexual intercourse with her under a threat that if she made a complaint, she would be killed. She got an opportunity and called her husband Suresh on mobile. Suresh came down to save her with the police on 08.10.2019. She alleged that she went to the Police Station Phalasiya on 21.10.2019 to report the matter, but action was taken on her complaint.

5. On a perusal of the entirety of the facts and circumstances as available on record, it is apparent that Suresh, husband of the prosecutrix, did not allege that any policeman was accompanying him when he allegedly saved his wife from the clutches of the accused. The story put forth by the complainant that she was abducted by the accused persons is prima facie doubtful because her daughter was also present when the alleged incident dated 16.09.2020 took place. The complainant did not state anything about the fate of the child. Be that as it may. 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 appellants deserve indulgence of bail and thus, the orders rejecting the applications for bail filed on behalf of the appellants cannot be sustained.

7. Consequently, the instant appeals are allowed. The impugned orders dated 15.12.2020 and 06.11.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in Criminal Misc. Case Nos.198/2020 and 161/2020 respectively are set aside. It is ordered that the accusedappellants Dinesh S/o Late Shri Virsang Bhai Choudhary (Patel) and Mukesh S/o Shri Poona Nanama arrested in connection with F.I.R. No.122/2020 registered at the Police Station Phalasiya, District Udaipur shall be released on bail; provided each of them 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.