Mahendra Kumar And Others vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal has been filed under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.44/2023 registered at Police Station Panchoo, District Bikaner, for the offences under Sections 365, 341, 323 and 143 IPC and under Sections 3(1)(r), 3(1)(s), 3(2)(v) and 3(2)(va) of the SC/ST Act.

Heard learned counsel for the appellants as well as Public Prosecutor for the State.

Learned counsel submitted that the appellants have been falsely implicated in this case. Learned counsel for the appellants further submitted that a perusal of the FIR, it is evident that the only allegation against the appellants is of forcibly taking away, the complainant with them in the Bolero vehicle bearing No.RJ-50-UA-3020 and subsequently, dropping her at a distant place. Learned counsel submitted that trial is likely to take sufficiently long time to be concluded and therefore, no fruitful purpose would be served by keeping the appellants behind the bars. Thus, learned counsel submits that benefit of bail may be extended to the appellants.

Per contra, learned Public Prosecutor vehemently opposed the criminal appeal.

Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced without commenting on the merits of the case, this Court deems it proper to enlarge the appellants on bail.

Consequently, the instant appeal is allowed. The impugned order dated 04.03.2023 passed by the learned Special Judge, (SC/ ST Prevention of Atrocities cases), Additional District and Sessions Judge, Bikaner is set aside. It is ordered that the accused-appellants (1) Mahendra Kumar S/o Sh. Hansraj (2) Mode Khan S/o Sh. Nawab Khan and (3) Rafiq Khan S/o Sh. Nawab 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 lower Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.