Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1570

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Manoj Kumar Garg, J.
Gorakh Nath – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
S.B. Criminal Appeal No. 343 of 2022
Decided On : 28-04-2022

Advocates appeared:
Shambhoo Singh, Advocate, Anita Gehlot, Advocate, Kuldeep Singh Rathore, Advocate

The court considered the false implication of the appellant and the existence of a compromise as key factors in setting aside the order rejecting the bail application and ordering the release of the accused on bail.

Headnote:
Bail - SC/ST Act - The court set aside the order rejecting the bail application and allowed the appeal, ordering the release of the accused on bail.
Fact of the Case:

The appellant filed an appeal under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act against the rejection of his bail application in a case involving offences under Sections 376(1) & 506 of IPC and Sections 3(2)(va), 3(2)(5) of SC/ST act.
Finding of the Court:

The court found that the appellant had been falsely implicated and that a compromise had been reached between the parties, leading to the decision to set aside the order rejecting the bail application and to release the accused on bail.
Issues: The issues involved the rejection of the bail application, the false implication of the appellant, and the existence of a compromise between the parties.
Ratio Decidendi: The court considered the entirety of facts and circumstances, including the false implication of the appellant and the existence of a compromise, in reaching the decision to set aside the order rejecting the bail application.
Final Decision: The court allowed the appeal, set aside the impugned order, and ordered the release of the accused on bail.

JUDGMENT

Manoj Kumar Garg, J. - Heard learned counsel for the appellant as well as learned learned public prosecutor and learned counsel for the complainant. Perused the material available on record.

2. The instant appeal has been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.99/2021, Police Station Deogarh (Pratapgarh) for the offences under Sections 376(1) & 506 of IPC and Sections 3(2)(va), 3(2)(5) of SC/ST act, against the order dated 09.03.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Pratapgarh in Criminal Misc. (Bail) Case No.15/2022 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.

3. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. The prosecutrix is a major and now, a compromise has been arrived in between the parties. In these circumstances, the appellant may be released on bail.

4. Learned Public Prosecutor has opposed the prayer for bail. Learned counsel for the complainant has concurred the fact of compromise.

5. Having regard to the entirety of facts and circumstances of the case 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 09.03.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Pratapgarh is set aside. It is ordered that the accused-appellant Gorakh Nath S/o Shri Nakura Nath shall be released on bail in FIR No.99/2021, Police Station Deogarh (Pratapgarh) 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.

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