Satyawan vs State Of Rajasthan

This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 29.11.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sri Ganganagar (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.307/2018 whereby, the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.393/2018 of Police Station Anoopgarh, Distt. Sri Ganganagar for the offences punishable under Sections 452, 376, 511, 354(D) IPC and Sections 3(1)(W)(II), 3(2), (Va) of the SC/AT Act.

Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case. It is argued that on 15.8.2018, husband of the complainant and other persons had brutally assaulted the appellant and for that, brother of the appellant filed FIR at Police Station Anoopgarh, Distt. Sri Ganganagar for the offences punishable under Sections 382, 365, 307, 341, 323, 342 and 143 IPC. It is further submitted that in counter to the said FIR filed by the brother of the appellant in respect of assault upon the appellant, the complainant has filed false FIR on 18.8.2018 alleging that on 15.8.2018, the appellant attempted to rape her.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 29.11.2018 passed by the trial court in Criminal Misc. (Bail) Case No.307/2018 is set aside. It is directed that appellant - Satyawan S/o Sh. Harnarayan shall be released on bail in connection with FIR No.393/2018 of Police Station Anoopgarh, Distt. Sri Ganganagar provided he executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.