Rakesh Kumar@APPELLANT@Hash State Of Rajasthan

Appellant has preferred this appeal aggrieved by order dated 3.2.2018 passed by Special Judge, SC/ST Cases, Dholpur whereby the bail application

filed by the appellant under Section 438 of Cr.P.C. was rejected.

F.I.R. No.13/2016 was registered at Police Station Sepau, District Dholpur for offence under Sections 323, 341, 504, 506, 447, 420, 467, 468, 471 &

120B of I.P.C. and Section 3(1)(F)(G) (S), 3(2)(5) of the SC/ST (Prevention of Atrocities Act).

It is contended by counsel for the appellant that appellant himself is a member of Schedule Caste and the provisions of SC/ST Act are not

applicable against him and for that reason this Court can consider the bail application under Section 438 Cr.P.C.

It is contended that appellant on the basis of resolution passed by the Gram Panchayat issued Pattas but subsequently in the resolution which was

approved by the Gram Panchayat, some manipulation was done.

It is also contended that police has come to the conclusion that the resolution was approved and someone later on changed “approve†to

“disapproveâ€​.

Learned Public Prosecutor has opposed the appeal.

I have considered the contentions.

Considering the arguments put forth by counsel for the appellant, I deem it proper to allow the appeal.

The order dated 3.2.2018 is quashed and set aside and the appeal is allowed. The S.H.O/I.O/Arresting Officer, Police Station Sepau, District

Dholpur in F.I.R. No.13/2016 is directed that in the event of arrest of the petitioner he shall be released on bail, provided he furnishes a personal bond

in the sum of Rs.50,000/-with two sureties in the sum of Rs. 25,000/- each to his satisfaction on the following conditions :-

(i). that the appellant shall make himself available for interrogation by a police officer as and when required;

(ii). that the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as

to dissuade him from disclosing such facts to the court or any police officer, and

(iii). that the petitioner shall not leave India without previous permission of the court.