Tarachand S/o Shri Birmaram @APPELLANT@Hash State Of Rajasthan

This criminal appeal under Section 14A(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 23.10.2018 passed by the Special

Judge (SC/ST Prevention of Atrocities Act) Cases, Jodhpur Metropolitan, Jodhpur (hereinafter to be referred as ‘trial court’) in Criminal Misc.

Bail Application No.372/2018, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.71/2018 of Police Station Soorsagar, District Jodhpur, for the offences punishable under Sections 342, 354,

323 and 384 I.P.C. & Section 3(1)(A), (3)(1)(2)(I), (3) (2) (V) (A) of SC/ST Act.

Learned counsel for the appellant has submitted that the appellant has falsely been implicated in this case. It is submitted that son of the complainant

had committed rape upon niece of the appellant for which FIR No.70/2018 has been lodged against him and the police after investigation filed charge-

sheet against him for the offence punishable under Section 376 I.P.C. It is also submitted that there is no evidence to this effect that the appellant has

extorted money from the complainant. Learned counsel for the appellant has, therefore, prayed that the appellant may be released on bail.

Learned Public Prosecutor as well as learned counsel for the complainant have 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 accused 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 23.10.2018 passed by the Special Judge

(SC/ST Prevention of Atrocities Act) Cases, Jodhpur Metroplitan, Jodhpur in Criminal Misc. Bail Application No.372/2018 is set aside. It is directed

that appellant Tarachand S/o Shri Birmaram shall be released on bail in connection with FIR No.71/2018 of Police Station Soorsagar, District Jodhpur

provided he executes a personal bond in a 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.