Balkaran Singh vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 964

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Kuldeep Mathur, J.
Balkaran Singh – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 1798 of 2022
Decided On : 23-01-2023

Advocates Appeared:
S.K. Verma, Advocate, Anita Gehlot, Advocate, Kuldeep Sharma, Advocate

Headnote:
Bail - SC/ST (Prevention of Atrocities) Act - The court deemed it proper to enlarge the appellant on bail, considering the totality of facts and circumstances, without commenting on the merits of the case.
Fact of the Case:

The appellant filed an appeal for bail under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act in connection with FIR No.217/2022 for offences under Section 376 of IPC and Section 3(2)(V) of SC/ST (POA) Act. The appellant claimed a consensual relationship with the complainant and sought bail due to the anticipated lengthy trial.
Finding of the Court:

The court, without commenting on the merits of the case, decided to grant bail to the appellant based on the totality of facts and circumstances.
Issues: Bail application under SC/ST (Prevention of Atrocities) Act
Ratio Decidendi: The court's decision to grant bail was based on the totality of facts and circumstances, without commenting on the merits of the case.
Final Decision: The appeal was allowed, and the appellant was ordered to be released on bail upon furnishing a personal bond and sureties.

JUDGMENT

Kuldeep Mathur, J. - The instant appeal has been filed under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.217/2022 registered at Police Station 217/2022, District Mahila Thana, District Sriganagar for the offences under Section 376 of IPC and Section 3(2)(V) of SC/ST (POA) Act.

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

3. It is submitted by learned counsel for the appellant that petitioner and complainant had consensual relationship. Learned counsel further submitted that from the statement of the prosecutrix, it is clear that she had voluntarily travelled with him to various public places. Learned counsel further submitted that even the alleged video has been recovered from the mobile of prosecutrix. He further submits 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 submits that benefit of bail may be extended to the appellant.

Per contra, learned Public Prosecutor vehemently opposed the bail application.

4. 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.

5. Consequently, the instant appeal is allowed. The impugned order dated 28.09.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases Special Court, District Sriganganagar is set aside. It is ordered that the accused-appellant Balkaran Singh S/o Sh. Chhindra Singh arrested in connection with aforesaid FIR, 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.

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