The court established that in cases under the SC/ST (Prevention of Atrocities) Act, the circumstances surrounding the filing of the FIR and the nature of the allegations can significantly influence bail decisions.

ORDER

1. The instant appeal has been filed under Section 14(2)(a) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with F.I.R. No.256/2020, Police Station Piplu, District Tonk, registered for the offences under Sections 376, 376(2)(n) and 506 of the Indian Penal Code and Section 3(1)(S), 3(l)(w)(i), 3(l)(w)(ii) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dated 24.05.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Tonk, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Heard learned counsel appearing on behalf of the appellant as well as learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the appellant stated that prosecutrix is a major lady and as per prosecution and statement of prosecutrix recorded under Section 164 Cr.P.C, rape has been committed on the day of festival 'Holi' in the month of March and FIR has been filed in the month of August, on 03.08.2020; as per prosecutrix 'B', the appellant has assured her for marriage; On reluctance and in order to build pressure on the appellant, FIR has falsely been filed by the complainant. He further stated that admittedly after the said incident which took place in March, 2020, no intercourse has been taken place; charge-sheet has already been filed; appellant is behind the bars from last ten months; and trial will take time. With these submissions, learned counsel for the appellant prayed that the benefit of bail may be granted to the appellant by allowing the present appeal.

4. Learned Public Prosecutor stated that notice has been served upon respondent No.2, but despite that nobody appears on her behalf.

5. Per contra, learned Public Prosecutor has opposed the appeal of the accused-appellant and stated that prosecutrix 'B' supported the story of prosecution during her statement recorded under Section 164 Cr.P.C.

6. Thus, having regard to the entirety of facts and circumstances as available on record and particularly looking to the facts that charge-sheet has already been filed; and trial will take sufficiently long time, therefore, this Court is of the opinion that the appeal deserves to be allowed and the appellant deserves to be enlarged on bail.

7. Consequently, the instant appeal is allowed. The impugned order dated 24.05.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Tonk, is set aside. It is ordered that the accused-appellant Usman S/o Ismile, arrested in connection with F.I.R. No.256/2020, Police Station Piplu, District Tonk, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/-along with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.