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2019 DIGILAW 248 (RAJ)

Amit Kumar v. State of Rajasthan, Through PP

2019-01-19

VIJAY BISHNOI

body2019
JUDGMENT 1. 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 appellants being aggrieved with the order dated 24.12.2018 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh (hereinafter to be referred as trial court) in Criminal Misc. Case No. 464/2018 whereby, the trial court has dismissed the bail application filed on behalf of the appellants. 2. The appellants have been arrested in FIR No. 104/2018 of Police Station Mahila Thana, Hanumangarh for the offences punishable under Sections 354, 323, 34 IPC and Sections 3(1)(S), 3(1)(W), 3(2)(Va) of the SC/ST Act. 3. Learned counsel for the appellants has submitted that the complaint in relation to the incident of 28.5.2018 was filed before the Superintendent of Police on 7.6.2018. It is submitted that the appellants have falsely been implicated in this case. It is also submitted that the appellants are not named in the FIR and later on, they have been implicated in this case. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal. 5. Heard learned counsel for the appellants as well as learned Public Prosecutor and also perused the material on record. 6. 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 appellants under Section 14-A(2) of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 24.12.2018 passed by the trial court in Criminal Misc. Case No. 464/2018 is set aside. It is directed that appellants - (1) Amit Kumar S/o Om Prakash, (2) Sukhdev S/o Hemraj and (3) Sawai Singh S/o Kanhaiya Lal shall be released on bail in connection with FIR No. 104/2018 of Police Station Mahila Thana, Hanumangarh provided each of them 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.