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2019 DIGILAW 3040 (RAJ)

Lakhveer @ Lakha v. State

2019-12-16

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - 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 25.11.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.203/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No.387/2019 of Police Station Mahila, Distt. Hanumangarh for the offences punishable under Sections 354, 341, 34 IPC and Section 3(1)(S)(W) of SC/ST Act. 3. Learned counsel for the appellant has submitted that the allegation against the appellant of outraging the modesty of the complainant is absolutely false. It is argued that as a matter of fact, the real sister of the complainant was eloped with the cousin brother of the appellant and due to that enmity, this false FIR has been lodged against the appellant. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. 5. Heard learned counsel for the appellant 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 and having gone through the case diary, 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. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 25.11.2019 passed by the trial court in Criminal Misc. (Bail) Case No.203/2019 is set aside. It is directed that appellant Lakhveer @ Lakha S/o Nihal Singh, shall be released on bail in connection with FIR No.387/2019 of Police Station Mahila, Distt. Hanumangarh 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.