The main legal point established in the judgment is the court's discretion to grant bail based on the overall facts and circumstances of the case, especially when the investigation and trial are likely to consume time.

JUDGMENT

Sandeep Mehta, J. - Notice of the appeal has been served upon the respondent No.2. However, no one has appeared to oppose the appeal on her behalf.

2. Heard. Perused the material available on record.

3. This appeal has been preferred on behalf of the appellant Smt. Neela under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 15.07.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur in CIS No.140/2021 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.111/2021, Police Station Phalasiya, District Udaipur, for offences under Sections 366 and 370 IPC and under Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

4. The complainant was allegedly abducted and sold off to Ganpat in the month of November, 2020. She escaped from the clutches of Ganpat and returned home on 29.02.2021 and disclosed all the circumstances to her husband and her parents. However, the FIR came to be submitted in the month of June, 2021. She alleged in the FIR that Ganpat subjected her to rape during this intervening period. The appellant is a woman. Investigation and trial are likely to consume time.

5. Thus, 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 15.07.2021 is set aside and it is ordered that the accusedappellant Smt. Neela W/o Shri Bharat arrested in connection with FIR No.111/2021 Police Station Phalasiya, District Udaipur shall be released on bail during pendency of the trial; provided she 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.