Rajasthan High Court - JodhpurJamil @ Raju vs State on 28 March, 2017Author:Sandeep MehtaBench:Sandeep MehtaHIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 417 / 2017
Jamil @ Raju S/o Hamid Khan,, Aged About 26 Years, By Caste
Musalman, Resident of Piyava Police Station Khunkhuna, District
Nagaur. (At Present Lodged in Sub Jail, Merta)
                                                        ----Appellant
                               Versus
The State of Rajasthan
                                                     ----Respondent
_____________________________________________________
For Appellant(s)   :   Mr.Ravindra Acharya.
For Respondent(s) :    Mr.A.S.Rathore, P.P.
_____________________________________________________
           HON'BLE MR. JUSTICE SANDEEP MEHTAJudgment / Order
28/03/2017

     Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the material available on record.The instant appeal has been filed under Section 14A(2)

SC/ST (PA) Act on behalf of the appellant, who is in custody in

connection with F.I.R. No.104/2016, P.S. Khunkhuna, District

Nagaur for the offences underSections 366,376IPC, 3(2)(v) of

the SC/ST (PA) Act against the order dated 7.3.2017 passed by

the Special Judge, SC/ST (PA) Cases, Merta, District Nagaur

whereby, the bail application preferred underSection 439Cr.P.C.

on behalf of the appellant was rejected.The appellant has been charge-sheeted for offences underSections 366,376IPC and 3(1)(w) of SC/ST (PA) Act. The

prosecutrix is a major married woman aged 35 years. In the F.I.R.

lodged at the P.S. Khunkhuna on 25.7.2016, she alleged that the
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           appellant enticed her and took her to Sikar. Both of them stayed

           at a hotel for three days where, the appellant subjected her to

           intercourse. Upon being examined underSection 164Cr.P.C., the

           sequence of events as well as the place of occurrence were

           changed.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 cannot be sustained and the

           appellant deserves to be enlarged on bail.Consequently, the instant appeal is allowed. The impugned

           order dated 7.3.2017 passed by the Special Judge, SC/ST (PA)

           Cases, Merta, District Nagaur is set aside. It is ordered that the

           accused-appellant namely Jamil @ Raju arrested in connection

           with F.I.R. No.104/2016, P.S. Khunkhuna, District Nagaur 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.(SANDEEP MEHTA)J.

/tarun goyal/
       Sr.P.A