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Judgment
17 paragraphs · 353 wordsThe present criminal appeal under Section 14-A of the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act has been filed in connection with
FIR No.187/2020 registered at Police Station Sewar, District Bharatpur for the offence under Section(s) 436 & 504 of IPC and Section(s) 3(1)(S),
3(1)( n) of SC & ST (Prevention of Atrocities) Act, 1989 and later on for the offence under Section(s) 436 & 504 of I.P.C. and Section(s) 3(1)(r)(s)
& 3(2)(va) of SC & ST (Prevention of Atrocities) Act, 1989.
Learned Public Prosecutor apprises this Court that compliance of Section 15-A (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities), 1989 (for short ""the Act of 1989"") has been made.
It is contended by learned counsel for the appellant that he has falsely been implicated in this case in which for the incident dated 22.05.2020, FIR has
been lodged with inordinate delay on 28.05.2020. He submitted that the appellant is in custody for about a month, investigation as against him is
complete, he has no criminal antecedents and prayed for release of the appellant on bail.
Learned Public Prosecutor has opposed the appeal. Taking into consideration the submissions advanced by learned counsel for the appellant, the
nature of allegations against him, his length of custody and absence of criminal antecedents; but, without expressing any opinion on the merits of the
case, this court deems it just and proper to enlarge the appellant on bail.
The order dated 20.11.2020 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bharatpur is quashed and set-aside and this
appeal is accordingly allowed and it is directed that accused appellant Narayan Singh S/o Kalyan Singh shall be released on bail provided he furnishes
a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand
Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is
transferred, on all subsequent dates of hearing and as and when called upon to do so.
