The court's decision was based on the interpretation of Section 14-A(2) of the SC/ST Act, considering the totality of the facts and circumstances of the case.

JUDGMENT

Vijay Bishnoi, J. - This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 05.03.2021 passed by the Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases), Udaipur (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Case No.60/2021, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

2. The appellant has been arrested in FIR No.134/2021 of Police Station Pratapnagar, District Udaipur for the offences punishable under Sections 376, 323 of IPC read with Section 3(2) (VA) of the SC/ST Act.

3. Learned counsel for the appellant has submitted that the appellant is married to the respondent No.2 and they were living together, however, on account of some matrimonial dispute between them, this complaint has been lodged against him. It is further submitted that now the matter has been compromised between the parties.

4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal, however, Mr. Abhishek Purohit, learned counsel appearing for the respondent No.2 has verified the factum of compromise between the parties.

5. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.

7. Accordingly, this criminal appeal filed under Section 14-A(2) of the SC/ST Act is allowed and the order dated 05.03.2021 passed by the trial Court in Criminal Misc. Bail Case No.60/2021 is set aside and it is directed that appellant - Suresh Singh Rao S/o Bhanwar Singh shall be released on bail in connection with FIR No.134/2021 of Police Station Pratapnagar, District Udaipur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.