The court established that the lack of corroborative evidence and inconsistencies in testimony are critical factors in determining bail under the SC/ST Act.

ORDER

1. These criminal appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') have been filed on behalf of the appellants being aggrieved with the orders dated 28.09.2022 and 03.09.2022 respectively passed by learned Special Judge SC/ST (Prevention of Atrocities) Act Cases, Merta (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Application Nos.218/2022 and 201/2022 respectively, whereby the trial court has dismissed the bail applications filed on behalf of the appellants.

2. The appellants have been arrested in FIR No.109/2018 of Police Station Chitawa, District Nagaur for the offences punishable under Section 376D of IPC and Sections 3(1)(w)(i)(ii), 3(2)(v) of SC/ST Act.

3. Learned counsel for the appellants submitted that allegation of sexual assault levelled by the complainant against the appellants are absolutely false and FIR has been lodged on account of political enmity. It is further submitted that after rejection of the earlier bail applications of the appellants, statements of victim (PW-1), her daughter (PW-3) and nephew Sonu Ram (PW-4) have been recorded. PW-4 Sonu Ram has not supported the prosecution story and turned hostile. Learned counsel for the appellants further submitted that from the statements of victim (PW-1) and her daughter (PW-3), it is clear that they have improved their statements a lot and this posses serious doubt about their testimony. Learned counsel for the appellants has also submitted that there are series of houses situated in between villages, however, no independent witness has been corroborated the story of prosecution. Learned counsel for the appellants submitted that victim, in her statement, alleges that the appellants brutally raped her as well as assaulted her but according to medical report, no such injury has been found on the body of the victim. It is also submitted that appellants are in custody from last more than four years, however, till date 16 prosecution witnesses have been examined. Learned counsel further prayed that the appellants are liable to be enlarged on bail.

4. Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer made by the learned counsel for the appellants.

5. Heard learned counsel for the appellants, learned Public Prosecutor and learned counsel for the complainant and also perused the material on record.

6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellants under Section 14-A(2) of SC/ST Act.

7. Accordingly, these criminal appeals filed under Section 14-A(2) of SC/ST Act are allowed and the orders dated 28.09.2022 and 03.09.2022 respectively passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act Cases, Merta are set aside. It is directed that appellants -(1) Mahesh Singh Aka Bhauda S/o Raghuveer Singh and (2) Dara Singh @ Dhara Singh @ Dhariya S/o Amra Ram shall be released on bail in connection with FIR No.109/2018 of Police Station Chitawa, District Nagaur provided each of them executes a personal bond in a sum of Rs.50,000/-with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.