Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Raj) 1940

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Vinit Kumar Mathur, J.
Surendra Kumar – Appellant
Versus
State & Ors. – Respondents
S.B. Criminal Appeal No. 62 of 2022
Decided On : 04-02-2022

Advocates appeared:
Umesh Kant, Advocate, Mukesh Trivedi, Advocate, D.S.Thind, Advocate

The court's decision to grant bail was based on a consideration of the arguments, the statements of the prosecutrix, and the entirety of facts and circumstances available on record.

Headnote:
Bail - SC/ST (Prevention of atrocities) act - The court allowed the appeal and set aside the order rejecting the bail application, granting bail to the accused-appellant.
Fact of the Case:

The appellant was in custody in connection with FIR No.212/2021 for offenses under Sections 376(2)(n), 354, 506, 109 of IPC and Section 3(2) (V) & (Va) of the SC/ST (Prevention of atrocities) act. The charge sheet in the case had been filed, and the appellant and the prosecutrix were known to each other.
Finding of the Court:

The court, after considering the arguments and the statements of the prosecutrix, concluded that the appellant deserved to be enlarged on bail.
Issues: The main issue was the rejection of the bail application under Section 439 Cr.P.C.
Ratio Decidendi: The court's decision was influenced by the entirety of facts and circumstances available on record, as well as the arguments advanced and the statements of the prosecutrix recorded under section 161 & 164 of Cr.PC.
Final Decision: The court allowed the appeal, set aside the impugned order, and ordered the release of the accused-appellant on bail.

JUDGMENT

Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

2. 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 FIR No.212/2021, Police Station Mahila Thana, Sri Ganganagar for the offences under Sections 376(2)(n), 354, 354 , 506, 109 of IPC and Section 3(2) (V) & (Va) of the SC/ST (Prevention of atrocities) act against the order dated 11.01.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Sri Ganganagar, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

3. Heard. Perused the material available on record.

4. It is submitted by learned counsel for the appellant that the charge sheet in the case has been filed. The prosecutrix Mst 'J' is a major married lady of 27 years. The appellant and Mst 'J' are neighbourers and known to each other. Having cordial relationship, the appellant was regularly visiting the house of the prosecutrix.

5. The counsel for the appellant vehemently opposes the bail.

6. Thus, having regard to the entirety of facts, circumstances as available on record and upon a consideration of the arguments advanced and the fact that the submissions made by the counsel for the appellant are getting fortified from the statements of the prosecutrix recorded under section 161 & 164 of Cr.PC, this Court is of the opinion that the appellant deserves to be enlarged on bail.

7. Consequently, the instant appeal is allowed. The impugned order dated 11.01.2022 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant Surendra Kumar S/o Omprakash arrested in connection with FIR No.212/2021, Police Station Mahila Thana, Sri Ganganagar shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) 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.

Click Here to Read the rest of this document