Granting bail based on length of custody, filing of charge sheet, and absence of criminal antecedents without expressing opinion on the merits of the case.

JUDGMENT

Mahendar Kumar Goyal, J. - The present criminal appeal under Section 14-A(1) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act has been filed in connection with FIR No.226/2020 registered at Police Station Atalbandh District Bharatpur for the offence under Section(s) 341, 323, 354, 354(Ga) & 354(Gha) of IPC, under Section 66D of Information and Technology Act, 2008 and under Section(s) 3(1)(r) & 3(1)(s) of SC & ST (Prevention of Atrocities) Act, 1989.

2. It is contended by learned counsel for the appellant that the prosecutrix, a major lady, has married with him out of her free will; but, later on under family pressure, false allegations have been levelled against him. He submitted that FIR is inordinately delayed inasmuch as for the incident alleged to have been taken place on 08.04.2020, the FIR has been lodged on 16.09.2020. He submitted that the appellant is in custody since 24.09.2020, charge sheet has been filed, trial of the case will take time, he has no criminal antecedents and prayed for release of the appellant on bail.

3. Learned Public Prosecutor assisted by the learned counsel for the complainant opposing the appeal submitted that the prosecutrix has, in her statement recorded under Section 164 Cr.P.C., levelled specific allegation against the appellant of subjecting her to rape and therefore, he does not deserve indulgence of bail.

4. Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the appellant, his length of custody, filing of charge sheet, absence of criminal antecedents and the material available in the charge sheet; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the appellant on bail.

5. The order dated 26.11.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Bharatpur (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused appellant Deshraj @ Deva S/o Tuhiram shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.