Iqbal vs State Of Rajasthan And Others

Rameshwar Vyas, J

The instant criminal appeal has been filed under Section 14- A of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 339/2021, Police Station Sojat City, District Pali for the offences under Sections 420, 406, 120-B, 323, 354 of I.P.C. and Sections 3(1)(r)(s) and 3(2)(va) of S.C./S.T. (Prevention of Atrocities) Amendment Act, 2015 against the Order dated 16.6.2022 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Pali, whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

Notice issued to the complainant - respondent no.2 is still awaited. More than fifteen days have elapsed after issuance of notice.

In view of above, heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.

Learned counsel for the appellant submits that the main allegation has been levelled against Hanuman Singh and others. No specific role has been attributed to the appellant. There is no criminal antecedents against the appellant; he has not received any money from the complainant side. Counsel further submits that the appellant is innocent and he has falsely been implicated in this case. The appellant is behind the bars for more than one month. The trial of the case will take time to conclude. On the above grounds, learned counsel for the appellant prays that the appeal of the appellant may be allowed and he may also be enlarged on bail.

Learned Public Prosecutor has opposed the appeal. Having regard to the rival contentions of learned counsel for the parties as well as facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted.

Consequently, the instant criminal appeal is allowed. The impugned Order dated 16.6.2022 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Pali is set aside. It is ordered that the accused-appellant – Iqbal S/o Shri Kalu Khan arrested in connection with F.I.R. No. 339/2021, Police Station Sojat City, District Pali shall be released on bail provided he furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.