The court considered the contradictions in the statements of the prosecutrix and the anticipated lengthy trial period as grounds for granting bail to the accused-appellant.

JUDGMENT

Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14a(2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with F.I.R. No.0050/2022, Police Station Phalodi, District Jodhpur for the offences punishable under Sections 323, 341, 354 & 376 of the IPC and Sections 3(1)(w)(i) & 3(2)(V) of the SC/ST (Prevention of atrocities) act against the order dated 23.03.2022 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of atrocities act Cases), Jodhpur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Learned counsel for the appellant submits that prosecutrix is a major lady; there are major contradictions in the statements of prosecutrix recorded under Sections 161 and 164 Cr.P.C.; the challan of the case has already been presented; accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.

3. Learned Public Prosecutor and learned counsel appearing on behalf of the complainant have vehemently opposed the prayer for bail.

4. Heard learned counsel for the appellant, learned Public Prosecutor & learned counsel appearing on behalf of the complainant and also perused the material available on record.

5. 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 order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

6. Consequently, the instant appeal is allowed. The impugned order dated 23.03.2022 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of atrocities act Cases), Jophpur is set aside. It is ordered that the accused-appellant, Pappu Ram @ Pappu Lal S/o alsi Ram arrested in connection with F.I.R. No.0050/2022, Police Station Phalodi, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- 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.