Ravi Namdev S/O Satya Narayan @ Sattu B/C Chhipa vs. State Of Rajasthan

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Appeal No. 494/2019

Ravi Namdev S/o Satya Narayan @ Sattu B/c Chhipa, Aged About 30 Years, R/o Chhipa Mohalla Manoharthana Dist. Jhalawar Raj. (At Present Confined In Dist. Jail Jhalawar)

----Appellant

Versus State Of Rajasthan, Through Pp ----Respondent For Appellant(s) : Mr. S.K. Panwar. For Respondent(s) : Mr. S.S. Ola, P.P.

HON'BLE MR. JUSTICE INDERJEET SINGH

Order

02/04/2019

1. The present criminal appeal under Section 14(A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.260/2018 registered at Police Station Manoharthana District Jhalawar for the offences under Sections 363, 376 of IPC and 3/4 of the POSCO Act and Sections 3-1 (w) (ii) & 3-2(v) of the SC/ST (Prevention of Atrocity) Act.

2. Counsel for the appellant submits that as per statement of the prosecutrix recorded under Section 164 Cr.P.C., no allegation of committing rape has been levelled against the appellant. Counsel further submits that after investigation the police has filed the charge-sheet in this matter and the trial will take long time.

3. Learned Public Prosecutor has opposed the appeal.

4. Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the appellant on bail.

5. The order dated 05.02.2019 passed by the learned Special Judge, POSCO Act and Commission for the rights of the Children No.1 Jhalawar, is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused appellant Ravi Namdev S/o Satya Narayan @ Sattu shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

(INDERJEET SINGH),J

MG/138