The prosecutrix's lack of support for the allegation of rape and the absence of specified injuries influenced the court's decision to grant bail to the accused-appellants.

JUDGMENT

1. The instant appeals have been filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the accused-appellants, who are in judicial custody in connection with F.I.R. No. 142/2021, Police Station Mahila Thana, Hanumangarh, registered for the offences punishable under Sections 341, 323/34, 365, 376-D, 382 of the Indian Penal Code and Sections 3(1) (W)(i) 3(1) (W)(ii), 3(2) (v), 3(2) (va) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the common impugned order dated 05.03.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, 1989 Cases, Hanumangarh whereby, the respective bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.

2. Learned counsel Mr. Aditya Singh Rathore puts in appearance on behalf of the respondent No. 2 (complainant) in all the three appeals.

3. Heard learned counsel for the appellant, learned Public Prosecutor as well as learned counsel appearing on behalf of the respondent No.2 (complainant). Perused the material available on record.

4. Learned counsel for the appellants stated that the statement of the prosecutrix "S" has been recorded before the learned Trial Court as PW-1; that the prosecutrix "S" has not supported the story of the prosecution in regard to allegation of rape; that the prosecutrix "S" has stated in her statement that, there are five to six boys, she was beaten by them, I do not know the accused, she refused to identify the accused-appellants, who were present before the learned Trial Court; that the accused-appellants are in judicial custody since 10.06.2021. With these submissions, learned counsel for the appellant prayed that the benefit of bail may be granted to the accused-appellant by allowing their appeals.

5. Per contra, learned Public Prosecutor as well as learned counsel appearing on behalf of the respondent No.2 (complainant) have vehemently and fervently opposed the appeals of the accused-appellants and the prayer for granting the benefit of bail made on behalf of the accused-appellants. Learned Public Prosecutor stated since, the compromise has been taken place between the parties, therefore, it appears that the proseuctrix "S" has turned hostile.

6. Having regard to the totality of facts and circumstances of the present case, particularly looking to the facts that the prosecutrix "S" has not supported the story of the prosecution in regard to allegation of rape by the accused-appellants; that none of the injury has been specified by the prosecutrix "S"; that no specific allegation against the accused persons in regard to injuries has been made by the prosecutrix "S"; that the accused- appellants are behind the bars since 10.06.2021; and that further trial will take sufficiently long time, therefore, without expressing any opinion on the merits or demerits of the case, this Court is of the opinion that the appeals deserve to be allowed and the appellants deserve to be enlarged on bail.

7. Consequently, the instant appeals are allowed. The common impugned order dated 05.03.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, 1989 Cases, Hanumangarh is set aside. It is ordered that the accused-appellants, Mohammad Nazar S/o Khan Mohammad (Appeal No. 421/2022), Janab Ali @ Juba S/o Sahid [Appeal (SB) No.248/2022], Aaraf Ali S/o Late Gafur [Appeal (SB) No.356/2022] and Shah Jahan S/o Gulam Rasool [Appeal (SB) No.357/2022], arrested in connection with F.I.R. No. 142/2021, Police Station Mahila Thana, Hanumangarh, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.