Rahul Kumar S/o Babloo Kumar vs The State of Rajasthan

Accused-appellant has laid this appeal under Section 14A(2)

of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short, ''Act of 1989'') to assail impugned

order dated 19.08.2017 passed by Special Judge, (Scheduled

Castes and Scheduled Tribes) (Prevention of Atrocities Cases),

Bikaner (for short, ''learned trial Court'') rejecting his bail

application under Section 439 Cr.P.C. in respect of FIR

No.323/2017 of Police Station Nokha, District Bikaner for offence

under Sections 341, 382 read with Section 34 IPC. As a matter of

fact, petitioner along with two other accused persons applied for

bail before the learned trial Court and the same is rejected by the

learned trial Court.

It is argued by learned counsel for the appellant that

appellant has been falsely implicated in the matter and offences as

such are triable by Magistrate. Learned counsel has also

submitted that prima facie injuries suffered by the victim are not

of grave nature so as to constitute offence under Section 382 IPC,

therefore, impugned order be set aside and appellant be enlarged

on bail.

Learned Public Prosecutor has opposed the appeal and

submits that looking to the gravity and magnitude of offences

attributed to the appellant, no interference with the impugned

order is warranted. Learned Public Prosecutor further submits that

the learned trial Court, in its discretion, has declined the prayer

for bail to the appellant which is not liable to be tinkered with in

exercise of appellate jurisdiction.

Accordingly, the instant appeal is allowed, the impugned

order passed by learned trial Court is set aside and it is ordered

that accused-appellant, Rahul Kumar S/o Babloo Kumar, arrested

in connection with F.I.R. No.323/2017 Police Station Nokha,

District Bikaner, may be released on bail; provided he furnishes a

personal bond of Rs.50,000/- with two surety bonds of

Rs.25,000/- each to the satisfaction of 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.