The main legal point established in the judgment is the court's discretion in granting bail under the SC/ST (Prevention of Atrocities) Act based on the totality of facts and circumstances, and the consideration of the arguments presented.

JUDGMENT

Farjand Ali, J. - 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. 207/2022, Police Station Balesar, District Jodhpur, for the offences under Sections 450, 376(2)(n) IPC and Section 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act.

2. It is submitted by learned counsel for the prosecutrix is a grown up married lady of 26 years having four children who states in the FIR itself that the appellant was seducing her since last six months. It has not been stated in the FIR that what prevented the prosecutrix to get the matter reported to the police promptly. Thus, learned counsel submits that the very registration of the FIR is highly questionable. It is further submitted that earlier she alleged allegations of rape against her brother-in-law but thereafter she entered into compromise with him and then reported the matter against the appellant. Therefore, benefit of bail may be granted to the appellant.

3. Per contra, learned learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the bail application.

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

5. Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, at this stage of the infancy of trial I refrain in passing any comment over the nature of accusation and the quality of evidence yet this Court is of the opinion that the appellant deserves to be enlarged on bail.

6. Consequently, the instant appeal is allowed. The impugned order dated 14.11.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur Metropolitan is set aside. It is ordered that the accused-appellant-Chetan Ram S/o Shri Poona Ram Meghwal arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- 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.