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Judgment
Accused-appellant has laid this appeal under Section 14A of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short, ''Act of 1989'') to assail impugned
order dated 12.05.2017 passed by Special Judge, Scheduled
Castes/ Scheduled Tribes Act Cases (Sessions Judge), Chittorgarh
(for short, ''learned trial Court''). By the order impugned, learned
trial Court has rejected the bail application of petitioner in respect
of FIR No.126/2017 of Police Station Nimbahera, District
Chittorgarh for offences under Sections 376, and 384 IPC and
Section 3(1)(w) and 3(2)(v) of the Act of 1989.
Learned counsel for the appellant submits that appellant has
been falsely implicated in the matter and the allegations contained
in the FIR are inherently improbable. It is argued by learned
counsel that the learned trial court has not at all examined the
matter in right perspective.
Learned Public Prosecutor has opposed the appeal and
submits that looking to the gravity and magnitude of offences
attributed to the appellant, no interference with the impugned
order is warranted. Learned Public Prosecutor further submits that
the learned trial Court, in its discretion, has declined prayer for
bail to the appellant which is not liable to be tinkered with in
exercise of appellate jurisdiction.
Having heard learned counsel for the parties and taking into
account all the facts and circumstances of the case, I feel
persuaded to set aside the order dated 12.05.2017 passed by the
learned trial Court rejecting bail plea of the appellant.
Accordingly, the instant appeal is allowed and the impugned
order passed by the learned trial Court is set aside. As a
consequence of setting aside of the impugned order, the bail
application of the appellant is allowed and it is ordered that the
accused-appellant, Deepak Kumar S/o Dwarka Prasad, arrested in
connection with F.I.R. No.126/2017 Police Station Nimbahera,
District Chittorgarh, may be released on bail; provided he
furnishes a personal bond of Rs.50,000/- with 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.