Kuldeep Mathur, J
The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant
against the order dated 12.10.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases,
Sriganganagar in Cr.Misc. Bail Application No.330/2023, whereby the bail application filed by the appellant, who has been arrested in connection with
FIR No.143/2023 registered at Women Police Station Sriganganagar, for offences under Sections 376(2)(N), 313, 450, 120-B of IPC, Sections 51, 6 of
POCSO Act and Sections 3(1)(w) (i), 3(2)(v) and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been
rejected.
Learned counsel for the appellant submitted that the appellant who is aged about 27 years has been falsely implicated in a criminal case by the
prosecutrix who is a mature girl. Learned counsel submitted that the prosecutrix was having consensual relationship with the present appellant.
Drawing attention of the Court towards various documents, learned counsel submitted that the prosecutrix solemnized marriage with the appellant on
6.10.2022 at Shiv Mandir, Near Punjab National Bank. Attention of the Court was further drawn towards an order dated 21.10.2022 passed by
coordinate Bench of this Court in CRLMP No.7100/2022 wherein the prosecutrix and the appellant sought protection from the family members of the
prosecutrix as they were having apprehension of threat to their life and liberty. Learned counsel submitted that the prosecutrix as a matter of fact is
wife of the present appellant, who on their relations turning strained, has falsely implicated the appellant in a false criminal case.
Learned counsel submitted that the appellant is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail
should be granted to the accused-appellant.
Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. However, they were not
in a position to refute the fact that the appellant and the prosecutrix are major and have solemnized marriage with each other. They are also not in a
position to refute the fact that the appellant and the prosecutrix had jointly filed a Cr. Misc. Petition (supra) before this Court seeking protection from
the family members of the prosecutrix having apprehension of threat.
Heard learned counsel for the appellant, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that as per the FIR, the prosecutrix was
subjected to sexual assault by the petitioner appellant for the first time in the year 2018 and the FIR has been lodged after a lapse of five and a half
years. This Court also prima facie finds that the prosecutrix solemnized marriage with the appellant and by way of filing a Cr. Misc. Petition (supra)
before this Court, she sought protection for herself and for the appellant from her family members as they apprehended threat to their life and liberty.
This Court also prima facie finds that no recovery is due to be made from the appellant. Thus, without expressing any opinion on merits/demerits of
the case, this Court is of the opinion that the appellant deserves to be enlarged on bail.
Accordingly, the appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed. The order
dated 12.10.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Sriganganagar is set
aside and it is ordered that the accused-appellant- Sanjeev Kumar S/o Sh. Jagdish Kumar shall be enlarged on bail in connection with FIR
No.143/2023 registered at Women Police Station Sriganganagar, provided he furnishes a personal bond in the sum of Rs.50,000/-with two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when
called upon to so.
