Manish vs State Of Rajasthan And Others

Farjand Ali, J

The jurisdiction of this Court has been invoked by way of filing an appeal under Section 14A(2) of SC/ST (Prevention of Atrocities) Act at the instance of accused-appellant. The requisite details of the matter are tabulated herein below:

S.No.

Particulars of the Case

1

FIR Number

231/2023

2

Concerned Police Station

Badaliyas

3

District

Bhilwara

4

Offences alleged in the FIR

Sections 341, 323 and 34 of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST Act

5

Offences added, if any

Section 325/34 of the IPC

6

Date of passing of impugned order

27.10.2023

It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in the present case and he has nothing to do with the alleged offence. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping the appellant behind the bars. He, therefore, prays that benefit of bail may be granted to the appellant.

Per contra, learned learned Public Prosecutor as well as the learned counsel for the complainant has opposed the bail application.

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

Except invocation of penal provision of SC/ST Act, all over offences under Indian Panel Code are bailable. Thus, taking into account the totality of the facts and circumstances of the case and the fact that trial would take a long time to conclude, this Court is of the opinion that the appellant deserve to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 27.10.2023 passed by the Special Judge, SC/ST Cases, Bhilwara in Criminal Misc. Case No.306/2023 is set aside. It is ordered that the accused-appellant, named in the cause title, 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.