[2025:RJ-JP:19726] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal No. 460/2025 Devendra Singh @ Dipesh S/o Vijay Bahadur Singh, Aged About 26 Years, R/o Infront Of Mahadev Mandir Chhawani Police Thana Gumanpura Kota. (At Present Confined At Central Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through PP 2. Sonu Kanwar @ Sangita W/o Balchhand, R/o Chawani Police Chouki Ke Pas Koliyon Ka Mandir Ke Pas, P.S. Gumanpura Kota City At Present Gali No. 22 Shiv Sagar, P.S. Udhyog Nagar Kota City ----Respondents For Appellant(s) : Mr. Ritesh Kumawat, Adv. with Ms. Faziya G. Khan, Adv. for Mr. Abdul Kalam Khan, Adv. For Respondent(s) : Mr. Jitendra Singh Rathore, PP Mr. Shailesh Kumar Panwar, Adv. for respondent No.2 HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 09/05/2025 1. The instant appeal has been filed under Section 14-A(2) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') being aggrieved of the order dated 06.02.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota (Raj.) (hereinafter referred to as the 'trial Court') in connection with FIR No.02/2025 registered at Police Station Udhyog Nagar, District Kota City for the offences punishable under Sections 64(2)(m), 351(3) of BNS, 2023 (later on Sections 3(2)(v) & 3(2)(va) of SC/ST Act), by [2025:RJ-JP:19726] (2 of 3) [CRLAS-460/2025] which the bail application of the accused-appellant under Section 483 of the B.N.S.S, 2023 has been dismissed. 2. Learned counsel for the accused-appellant submits that the prosecutrix lodged an FIR No.02/2025 registered at Police Station Udhyog Nagar, District Kota City for the offences punishable under Sections 64(2)(m), 351(3) of BNS, 2023 and Sections 3(2)(v) and 3(2)(va) of SC/ST Act. Learned counsel further submits that the matter was listed before the Co-Ordinate Bench on 25.03.2025 and the accused-appellant and prosecutrix both contended before the Court that they were going to perform the marriage, therefore, the accused-appellant be enlarged on interim bail to perform marriage. 3. This Court vide order dated 25.03.2025 granted interim bail to the accused-appellant to perform marriage with the prosecutrix. 4. Today, accused-appellant and the prosecutrix are present before this Court and duly identified by their counsels and admit that both of them have performed marriage. 5. Learned counsel for the accused-appellant contended that charge-sheet in this matter has been filed and the prosecutrix has been examined as PW-1 before the learned trial Court and the prosecutrix has turned hostile. Learned counsel also contended that the trial will take time to conclude, therefore, looking to the fact that the prosecutrix has performed marriage with the accused-appellant, therefore, the accused-appellant be enlarged on bail. 6. On the other hand, learned Public Prosecutor opposes the appeal. [2025:RJ-JP:19726] (3 of 3) [CRLAS-460/2025] 7. However, respondent No.2-Sonu Kanwar, who is present today along with her counsel, admits that she has performed marriage with the accused-appellant and she has no objection if the appeal is allowed and the accused-appellant is enlarged on bail. 8. Heard learned counsel for the parties and perused the material available on record. 9. Having regard to the facts and circumstances of the case; considering the fact that accused-appellant and prosecutrix have entered into marriage and they are living as husband and wife, therefore, no fruitful purpose would be served to keep the appeal pending, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the appeal filed by the accused-appellant. 10. Consequently, this appeal is allowed. The impugned order dated 06.02.2025 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota (Raj.) is set aside. It is ordered that accused-appellant Devendra Singh @ Dipesh S/o Vijay Bahadur Singh, arrested in connection with FIR No. 02/2025 registered at Police Station Udhyog Nagar, District Kota City shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. 11. The Accused-Appellant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /346