JUDGMENT :

KULDEEP MATHUR, J.

1. The instant appeal has been filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 92/2022 registered at Police Station Nagana, District Barmer for the offences under Sections 451, 354, 323, 363, 366 and 376(2)(n) and Section 3(1) (B) (ii), 3(2)(v) of SC/ST Act.

2. Heard learned counsel for the appellant and Public Prosecutor for the State. Perused the material available on record.

3. Drawing attention of the Court towards the statements of prosecutrix recorded before the competent criminal court on 21.06.2023 as P.W.1, learned counsel for the appellant submitted that the prosecutrix in her Court’s statements has not supported the prosecution story. Learned counsel submitted that in view of the fact that the prosecutrix has not supported the prosecution story as alleged against the appellant in FIR and turned hostile, the chances of appellant being convicted in the present case are very bleak. Learned counsel submitted that the appellant is in judicial custody since long and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel prayed that benefit of bail may be extended to the appellant.

4. Per contra, learned Public Prosecutor has vehemently opposed the appeal, however, he was not in a position to refute the fact that the prosecutrix has not supported the prosecution story in her Court’s statements dated 21.06.2023.

5. Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced, without commenting on the merits of the case, this Court deems it proper to enlarge the appellant on bail.

6. Consequently, the instant appeal is partly allowed. The impugned order dated 19.05.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), District Barmer is set aside. It is ordered that the accused-appellant-Pappu Ram @ Revanta Ram S/o Prahlad Ram arrested in connection with FIR No. 92/2022 registered at Police Station Nagana, District Barmer shall be released on bail, if not wanted in any other case, provided him furnish a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each to the satisfaction of the learned lower Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.