[2025:RJ-JP:13850] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No.3365/2024 Sitaram Choudhary @ Sattu S/o Kailash, Aged About 26 Years, R/o Gram Daberla Police Station Borada District Kekri. (Presently Confined In District Jail Kekri) ----Appellant Versus 1. State Of Rajasthan, Through Public Prosecutor 2. Smt. Seema D/o Shri Aasaram, R/o Village Debrala Borada Kekri Rajasthan ----Respondents For Appellant(s) : Mr. Anirudh Tyagi, Adv. Mr. Saurabh Vaishnav, Adv. For Respondent(s) : Mr. Amit Poonia, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 26/03/2025 1. This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 11.12.2024 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Ajmer (hereinafter to be referred as ‘trial court’) in Bail Application No.1195/2024 and CIS No.1195/2024, whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in connection with FIR No.68/2024, registered at Police Station Borada, District Kekri, for [2025:RJ-JP:13850] (2 of 3) [CRLAS-3365/2024] the offences punishable under Sections 137(2) and 64(1) of BNS and Sections 3(2)(v) of SC/ST Act. 3. Learned counsel for the appellant submits that the appellant has falsely been involved in this case. It is argued that the prosecutrix is a major girl aged about 19 years and she went with the accused-appellant at her own wish. The accused-appellant did not commit sexual offence with the prosecutrix and even it was presumed that the accused appellant has established sexual relationship with the prosecutrix than also the said act was committed with the consent of the prosecutrix. The FIR itself is delayed and in the FIR, it is stated that the accused-appellant took the prosecutrix on his motorcycle which itself is not probable as the prosecutrix did not made any attempt to resist. Thereafter, the prosecutrix upon the pressure of her parents lodged a false FIR with a delay of 2 days against the accused-appellant. The accused-appellant is in custody since 14.10.2024 and trial of the case may take considerable time and there are no criminal antecedents against the accused-appellant, therefore, the appeal of the accused-appellant may be allowed. 4. Learned Public Prosecutor has vehemently opposed the appeal and submitted the factual report alongwith intimation report served upon the complainant/victim. No one has put appearance on behalf of complainant/victim. 5. Heard and perused the material available on record. 6. Considering the arguments advanced by the counsel for the appellant, without going into the merits of the case, I deem it just [2025:RJ-JP:13850] (3 of 3) [CRLAS-3365/2024] and proper to allow the appeal filed by the accused-appellant under Section 14-A(2) of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and order dated 11.12.2024 passed by the learned Special Judge S.C./S.T. (Prevention of Atrocities Cases), Ajmer is set aside. It is directed that appellant- Sitaram Choudhary @ Sattu S/o Kailash, shall be released on bail in connection with FIR No.68/2024, registered at Police Station Borada, District Kekri, provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-237