Lack of incriminating evidence and absence of threats to witnesses justified granting bail under the SC/ST Act.

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.158/2024, registered at Police Station Kelwa, District Rajsamand, for the offences under Section 64 of BNS; and Sections 3(2)(v), 3(1)(w)(i)(ii) of the SC and ST (Prevention of Atrocities) Act against the order dated 01.02.2025 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Rajsamand whereby, the bail application preferred under Section 483 BNSS on behalf of the appellant was rejected.

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

3. This Court looking to the nature of the allegations levelled against the present appellant directed the learned Public Prosecutor to call for the case diary vide order dated 12.02.2025.

4. In compliance of this Court’s order dated 12.02.2025, the learned Public Prosecutor has produced the case diary.

5. Upon a perusal of the case diary, this Court prima facie finds that the prosecutrix is a mature married woman. The documents and the statements of the prosecutrix recorded under Section 183 BNSS prima facie indicate that the prosecutrix was having an old acquaintance with the present appellant. The statements of the prosecutrix also indicate that on two different occasions, she had voluntarily went away with the present appellant from his husband’s house and travelled with him to various places using public transportation and also stayed with him in thickly populated areas. The prosecutrix despite having ample opportunities did not disclose the factum of she being subjected to forcible sexual assault- rape by the appellant to anyone. The case diary further indicates that no messages allegedly sent by the appellant to the prosecutrix have been recovered by the Investigating Agency.

6. This Court also finds that no incriminating material or evidence against the appellant is available on record by which it could be concluded that the appellant had in any manner committed the alleged crime. This Court further finds that the learned Public Prosecutor has not shown any apprehension of the appellant influencing the prosecutrix or material prosecution witnesses of the case or tampering with the evidence or fleeing away from justice, in case, he is enlarged on bail. Thus, this Court is inclined to enlarged the appellant on bail.

7. Consequently, the instant appeal is allowed. The impugned order dated 01.02.2025 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Rajsamand is set aside. It is ordered that the accused- appellant- Kamil Khan S/o Riyasat Khan @ Vajir, arrested in connection with F.I.R. No.158/2024, registered at Police Station Kelwa, District Rajsamand, 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.