Kanaram S/o Sh. Jetha Ram vs The State of Rajasthan

Accused-appellants have laid this appeal under Section

14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act, 1989 (for short, ''Act of 1989'') to assail

impugned order dated 04.09.2017 passed by Special Judge,

Scheduled Castes/Scheduled Tribes (Prevention of Atrocities

Cases), Sri Ganganagar (for short, ''learned trial Court''). By the

order impugned, learned trial Court has rejected the bail

application of appellants under Section 439 Cr.P.C. in respect of

FIR No.132/2017 of Police Station Rajiyasar, Sri Ganganagar for

offences under Sections 332, 353, 34 IPC and Section 3(1)(r)(s)

of the Act of 1989.

I have heard learned counsel for the appellants, learned

Public Prosecutor and perused the impugned order and also other

materials available on record.

Having regard to the facts and circumstances of the case,

and taking into consideration the alleged criminal delinquency of

the appellants, in my opinion, learned trial Court has erred in

declining prayer of the appellants for grant of bail

Accordingly, the instant appeal is allowed, the impugned

order passed by learned trial Court is set aside and it is ordered

that accused-appellants, (1) Kanaram S/o Sh. Jetha Ram, and (2)

Shrawan Kumar S/o Sh. Gopi Ram, arrested in connection with

F.I.R. No.132/2017 Police Station Rajiyasar, District Sri

Ganganagar, may be released on bail; provided each one of them

furnishes a personal bond of Rs.50,000/- with two surety bonds of

Rs.25,000/- each to the satisfaction of 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.