JUDGMENT : P.K. LOHRA, J. Accused-appellant has preferred this appeal under Section 14A of the SC/ST (Prevention of Atrocities) Act, 1989 to assail impugned order dated 28th of June, 2017, passed by Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities Cases), Merta (for short, ‘learned trial Court’), rejecting his bail application under Section 439 Cr. P.C., in connection with FIR No. 102/2016 of Police Station Panchodi, District Nagaur. 2. In the FIR aforesaid, lodged by the complainant, appellant is charged for offence punishable under Sections 143, 341, 323 & 308 IPC and Section 3(1)(r)(s) & 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. Leaned counsel for the appellant submits that co-accused, Hari Ram, has already been enlarged on bail by this Court and other co-accused have been enlarged on bail by learned Sessions Court. Learned counsel further submits that the case of present appellant is not distinguishable from the case of other co-accused. 4. Learned Public Prosecutor submits that learned trial Court in its discretion has declined the prayer of bail and therefore no interference in this appeal is warranted. Learned Public Prosecutor submits that looking to the allegations against appellant, it is not desirable to upset the impugned order passed by learned trial Court. 5. I have heard learned counsel for the accused-appellant as well as learned Public Prosecutor and perused the impugned order. 6. Upon perusal of the impugned order, in my opinion, prima facie, criminal delinquency of the appellant for the aforesaid offences is under serious cloud and as such this Court can exercise its discretion for granting him indulgence to the extent of enlarging him on bail. The learned trial Court, while rejecting the bail application, was, in fact, impressed by the seriousness of allegations and the issue has not been thrashed out in right perspective in the matter of grant of bail. 7. Accordingly, I feel inclined to accept this appeal. 8. Consequently, the appeal is allowed and the impugned order passed by learned trial Court is set aside and it is ordered that the accused-appellant, Bhagwana Ram S/o Sh. Jagmal, arrested in connection with F.I.R. No. 102/2016 Police Station Panchodi, District Nagaur, may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs.
Jagmal, arrested in connection with F.I.R. No. 102/2016 Police Station Panchodi, District Nagaur, 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. Appeal allowed.