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Poonam Chand v. State Of Rajasthan & Others

Poonam Chand v. State Of Rajasthan & Others

(High Court Of Rajasthan, Jodhpur Bench)

S.B. Criminal Appeal No. 181/2022 | 29-03-2022

1. The instant appeal has been filed under Section 14(A) of SC/ST (Prevention of Atrocities Act) on behalf of the appellant, who is in custody in connection with F.I.R. No.97/2021, Police Station Parbatsar, District Nagaur, for the offences under Sections 450, 506, 376-D IPC and 3 (1) (w) (ii), 3 (2) (v) 3 (2) (va) SC/ST Act against the order dated 16.02.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities Act) Cases, Merta, District Nagaur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Counsel for the appellant submits that a specific allegation has been levelled by the prosecutrix against the co-accused Ramu Ram for committing rape but she has not alleged the present petitioner for committing rape. Challan of the case has already been presented and no investigation is pending. Accusedappellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.

3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for bail.

4. Heard learned counsel for the appellant as well as learned public prosecutor & learned counsel for the complainant. Perused the material available on record.

5. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

6. Consequently, the instant appeal is allowed. The impugned order dated 16.02.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities Act) Cases, Merta, District Nagaur is set aside. It is ordered that the accused appellant Poonam Chand S/o Shri Ganeshram arrested in connection with F.I.R. No.97/2021, Police Station Parbatsar, District Nagaur shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- 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.

Advocate List

  • Mr. Vishal Sharma.

  • Ms. Anita Gehlot, P.P. Mr. Anirudh Purohit.

Bench
  • HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Eq Citations
  • LQ
  • LQ/RajHC/2022/3514
Head Note

Criminal Procedure Code, 1973 — S. 439 — Bail — Grant of — Appellant in custody in connection with F.I.R. No.97/2021, Police Station Parbatsar, District Nagaur, for offences under Ss. 450, 506, 376-D IPC and 3 (1) (w) (ii), 3 (2) (v) and 3 (2) (va) SC/ST Act — A specific allegation has been levelled by the prosecutrix against the co-accused Ramu Ram for committing rape but she has not alleged the present petitioner for committing rape — Challan of the case has already been presented and no investigation is pending — Accused-appellant is in judicial custody and trial of the case will take sufficient long time to be concluded — Therefore, benefit of bail should be granted to the accused-appellant — Held, order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside — Impugned order set aside — Appellant ordered to be released on bail — Penal Code, 1860 — Ss. 376-D and 3 (1) (w) (ii), 3 (2) (v) and 3 (2) (va) — Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ss. 3 (1) (w) (ii), 3 (2) (v) and 3 (2) (va)