Akram Ali Khan vs State Of Rajasthan And Others

Dr. Nupur Bhati, J

The instant appeal has been filed under Section 14A(2) of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.833/2023 dated 22.10.2023, Police Station Pratap Nagar, District Bhilwara, for the offences under Sections 365, 342, 323, 395, 120-B of IPC and Section 3[2][va] of the SC/ST (Prevention of Atrocities) Act.

Learned counsels for the appellant submits that the appellant has falsely implicated in the case and the allegation against the appellant is that he threatened the complainant and kidnapped him and later on released him, however the appellant has taken away the wrist watch and Rs.500/- from the complainant.

Per contra, learned learned Public Prosecutor opposed the bail application however, submits that the appellant has no previous criminal antecedents..

Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

Having regard to the totality of facts and circumstances as available on record and the fact that there are no previous criminal antecedents against the appellant and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 31.10.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bhilwara is set aside. It is ordered that the accused-appellant Akram Ali Khan S/o Murad Khan arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties 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.