Pradeep Kumar vs State Of Rajasthan And Ors

The present appeal have been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short

'the Act of 1989'). The appellant has been arrested in connection with FIR No. 250/2020 registered at Police Station Khetri, District Jhunjhunu for the

offence under Section(s) 341, 323, 327, 506 & 34 IPC and Section(s) 3(1)(s) & 3(2)(va) of the Act of 1989.

In pursuance of direction issued by this Court dated 21.11.2020, Station House Officer, Police Station Khetri, District Jhunjhunu has filed his affidavit

dated 22.11.2020 which is taken on record. As per the affidavit, no other criminal case is pending against accused-appellant Pradeep Kumar;

whereas, as many as seven other criminal cases are pending against the co-accused Sandeep Krishniya.

It is contended by learned counsel for the appellant that he has falsely been implicated in this case in which the complainant has received no injury. He

submits that the appellant is in custody since 17.09.2020, charge sheet has been filed, he has no criminal antecedents and prays for his release on bail.

Learned Public Prosecutor has opposed the appeal. Taking into consideration the submissions advanced by learned counsel for the appellant, the

nature of allegation against him, his length of custody, filing of the charge sheet 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 18.09.2020 passed by the learned Special Judge, SC/ST (POA) Cases, Jhunjhunu is quashed and set-aside and the appeal is

accordingly allowed and it is directed that accused-appellant Pradeep Kumar S/o Birbal Ram shall be released on bail provided he furnishes a personal

bond in the sum of Rs.100,000/- (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.