HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 2657/2024 Sunil Kumar S/o Trilok Singh, R/o Dhaka Ki Dhani, Police Station Nawalgarh, District Jhunjhunu (Raj) (At Present In District Jail, Sikar) ----Appellant Versus 1. State Of Rajasthan, Through P.p 2. Suman Nayak Wife Of Bablu Nayak, Resident Of Ward No. 30, Vikash Colony, Piprali Road, Sikar (Raj) (At Present R/o Badri Vihar, Sikar, Distt. Sikar (Raj) ----Respondents For Appellant(s) : Mr. Ripu Daman Singh Naruka For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 17/01/2025 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellant, who is in custody in connection with F.I.R. No.242/2024 dated 07.05.2024, registered at Police Station Kotwali Sikar, District Sikar, for the offences under Sections 341, 323, 382, 458 and 506 of IPC and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act against the order dated 30.09.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Sikar whereby, the bail application preferred under Section 483 B.N.S.S. on behalf of the appellant was rejected. 2. Learned counsel for the appellant submits that the appellant has falsely been implicated in the case. It is also contended that no such incident took place, the complainant is habitual in filing the false cases and previously a case under Section 376 of IPC (2 of 3) [CRLAS-2657/2024] was lodged against some other person namely Goverdhan and vide order dated 20.12.2023, the learned trial court acquitted the said accused Goverdhan for the offence under Section 376(2)(n) of IPC. It is also contended that thereafter, the prosecutrix has filed another false complaint against the present appellant alleging commission of rape with her and in the same, this court enlarged the petitioner on bail. It is also contended that the prosecutrix in order to pressurize the appellant has falsely alleged the appellant to enter into compromise and on denial threatened him to bear consequences. It is further submitted that accused-appellant is in custody since 12.06.2024 and trial/investigation of the case may take considerable time, therefore, the appeal of accused-appellant may be allowed. 3. Learned Public Prosecutor vehemently opposed the arguments advanced on behalf of the appellant, and submitted the intimation report served upon the complainant/victim, the same is taken on record. 4. No one has put in appearance on behalf of the complainant. 5. Heard and perused the material available on record. 6. Considering the long custody period of the appellant and probable time to conclude the trial, without further commenting anything on the merits of the case, I deem it just and proper to allow the appeal. 7. Consequently, the instant appeal is allowed. The impugned order dated 30.09.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocity Cases), Sikar is set aside. It is ordered that the accused-appellant Sunil Kumar S/o Trilok Singh, (3 of 3) [CRLAS-2657/2024] who is in custody in connection with F.I.R. No.242/2024 dated 07.05.2024, registered at Police Station Kotwali Sikar, District Sikar, shall be released on bail; provided he furnishes a personal bond in the sum 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. (PRAVEER BHATNAGAR),J Deepa Rani-69