JUDGMENT :

1. The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.331/2022, registered at Police Station Ladnun, District Nagaur, for the offences under Sections 384, 323, 354 ka, ga, gha IPC and Section 7/8 of the POCSO Act, and Sections 3(1)(w)(i), 3(2) (Va) of the SC and ST (Prevention of Atrocities) Act against the order dated 19.06.2023 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Act Cases), Nagaur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Heard learned counsel for the parties and perused the material available on record.

3. Learned counsel for the appellant submitted that appellant has been falsely implicated in the present case. Learned counsel submitted that there are serious contradictions in the statements of prosecutrix recorded under Section 161 and 164 Cr.P.C. Learned counsel submitted that the story narrated by the prosecutrix is not corroborated by the story narrated by his fiance – Amit recorded under Section 161 Cr.P.C. Learned counsel submitted that the prosecutrix and her fiance Amit were trespassing the property of one Nani Devi and only when they were caught and scolded by the present appellant, they have implicated the present appellant in a criminal case. It was submitted that false allegations have been foisted against him by the prosecutrix.

4. Lastly, learned counsel submitted that no video allegedly recorded by the appellant of prosecutrix and his fiance – Amit and subsequently, used by the appellant to blackmail or threaten the prosecutrix to engage with him in sexual act has been found to be circulated in the social media. It was brought to the notice of this Court that investigating agency has not filed charge sheet against the present appellant under Section 376 IPC. It was submitted that challan of the case has already been filed, and trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail should be granted to the accused-appellant.

5. Learned Public Prosecutor opposed the prayer for bail.

6. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at bar, this Court prima facie finds that the investigating agency has not found the allegation of sexual assault being committed upon prosecutrix by present appellant to be correct. Further, no objectionable video of prosecutrix has been found to be circulated on social medial platform or in public domain. This Court is thus, inclined to enlarge the present appellant on bail.

7. Consequently, the instant appeal is allowed. The impugned order dated 19.06.2023 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Act Cases), Nagaur is set aside. It is ordered that the accused-appellant Rameshwar Lal Swami S/o Shri Hanuaman Das Swami arrested in connection with F.I.R. No.331/2022, registered at Police Station Ladnun, District Nagaur 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.