The court emphasized that bail should not be denied without substantial justification, especially when prima facie evidence suggests potential false implication.

Order :

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.177/2024 registered at Police Station Karoi, District Bhilwara, for the offences under Sections 331(2), 64, 120(2), 115(2) of BNS and Sections 3(1)12 and 3(2)(v) of the SC and ST (Prevention of Atrocities) Act against the order dated 30.11.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Bhilwara whereby, the bail application preferred under Section 483 BNSS on behalf of the appellant was rejected.

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

3. Leaned counsel for the appellant submitted that the appellant has falsely been implicated in the present case. Drawing attention of the Court towards the FIR and the challan papers submitted by the investigating agency before the competent criminal court, learned counsel submitted that as per the prosecutrix Mst.’P’ on 17.10.2024 at around 11.30 pm, the appellant forcibly entered in her room and started beating her. Thereafter, the appellant committed forcible sexual assault – rape upon her. As per the prosecutrix, when the appellant was committing sexual assault with her, her brother rang the door bell, then the appellant escaped from the window of the room.

4. Learned counsel submitted that sufficient material is available on record to indicate that the prosecutrix, who is a mature married woman, was having mutual relationship with the present appellant. However, when on the date of alleged incident, their relationship came to be noticed by the husband of the prosecutrix, she has roped the appellant in a false criminal case. On these grounds, learned counsel implored the Court to grant bail to the appellant.

5. Per contra, learned Public Prosecutor has 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 is of the prima facie opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

7. Consequently, the instant appeal is allowed. The impugned order dated 30.11.2024 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Bhilwara is set aside. It is ordered that the accused-appellant Ratan Singh S/o Shri Govardhan Singh arrested in connection with F.I.R. No.177/2024 registered at Police Station Karoi, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- and two surety bonds 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.