The court considered the nature of the alleged sexual relations and the existence of a compromise in determining the appellant's eligibility for bail under the SC/ST (Prevention of Atrocities) Act and IPC offenses.

JUDGMENT

Sandeep Mehta, J. - Heard. Perused the material available on record.

2. This appeal has been preferred on behalf of the appellant Akbar Khan under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 28.07.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer in Criminal Misc. Case No.135/2021 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.86/2021, Mahila Police Station, District Barmer, for offences under Sections 450, 376 (1) IPC and Sections 3(2)(va) and 3(2) (va) of the SC/ST (Prevention of Atrocities) Act.

3. The prosecutrix is a major married woman. It is contended that a case of purely consensual sexual relations has been given twist of rape because of the pressure of the family members. It is also stated that the parties have arrived at a compromise.

4. Learned counsel Shri Hapuram representing the complainant does not dispute these submissions.

5. In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that the appellant deserves indulgence of bail in this case.

6. Consequently, the appeal is allowed. The order dated 28.07.2021 is set aside and it is ordered that the accusedappellant Akban Khan S/o Shri Jumma Khan arrested in connection with FIR No.86/2021 Mahila Police Station, District Barmer 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.