Saif Kumar S/o Shri Sanjay vs The State of Rajasthan

Accused-appellants have 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 their bail

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

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

under Sections 341, 382 read with Section 34 IPC.

It is argued by learned counsel for the appellants that

appellants have been falsely implicated in the matter and the

offences as such are triable by Magistrate. Learned counsel has further submitted that co-accused Rahul Kumar has already been

enlarged on bail by this Court vide order dated 07.09.2017 and

the case of the present appellants is not distinguishable from the

co-accused.

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-appellants, (1) Saif Kumar S/o Shri Sanjay, and (2)

Sahil @ Sajid S/o Shri Azad @ Gulam Nabi, arrested in connection

with F.I.R. No.323/2017 Police Station Nokha, District Bikaner,

may be released on bail; provided each of them 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.