Mohammad Hussain vs State Of Rajasthan And Others

Rameshwar Vyas, J

The complainant has been served. Despite service, nobody has appeared on behalf of complainant.

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 F.I.R. No.85/2022 registered at Police Station Pratap Nagar, District Bhilwara for the offences under Sections 406, 420, 341 & 323 IPC and Sections 3(1)(R)(S), 3(2)(VA) of the SC/ST (Prevention of Atrocities) Act against the order dated 05.05.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Bhilwara, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Learned counsel for the appellant submits that false allegations have been levelled against the appellant. Learned counsel for the appellant prays that the appeal filed by the appellant deserves to be allowed.

On the contrary, learned Public Prosecutor opposes the appeal.

Having regard to the rival contentions of learned counsel for the parties, after perusal of the material available on record and in the facts and circumstances of the case, without expressing any opinion on merits of the case, this Court deems it just and proper to grant the bail to the appellant.

Consequently, the instant appeal is allowed. The impugned order dated 05.05.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Bhilwara is set aside. It is ordered that the accused-appellant, Mohammad Hussain @ Lala S/o Abdul Gaffur arrested in connection with F.I.R. No.85/2022 registered at Police Station Pratap Nagar, District Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs. 50,000/- 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.