JUDGMENT ORDER 1. The present criminal appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 has been filed in connection with FIR No.91/2022 registered at Police Station Chaksu, Jaipur City (North) for the offences under Sections 143, 323, 341, 336 & 504 of IPC and under Sections 3(1)(R)(S), 3(2) (va) SC/ST Act. 2. Learned counsel for the appellants submits that appellants have been wrongly implicated in this case. A bare reading of FIR, offence of SC & ST Act is not made out against the appellants. Learned counsel for the appellants also submits that villagers had complained against Shankarlal for encroachment of land. So due to enmity, present FIR was lodged. Nothing is to be recovered from the appellants. So, appellants be enlarged on anticipatory bail. 3. Learned counsel for the appellants relied upon the judgments in Hitesh Verma Vs. The State of Uttrakhand & Anr.; Crimi- nal Appeal No.707 of 2020 (Arising out of SLP (Criminal) No.3585 of 2020), Smt. Reena Vs. State of Rajasthan, through PP. & Anr.; S.B. Criminal Appeal No.72/2022, Pavas Sharma Vs. State of Chhattisgarh, through - The Station House Officer and Anr.; 2021 SCC OnLine Chh 288 : (2021) 2 CGLJ 228; CRA No.806 of 2020 and Khuman Singh Vs. State of Madhya Pradesh; (2020) 18 SCC 763 ; Criminal Appeal No.1283 of 2019. 4. Learned Public Prosecutor as well as learned counsel for the respondent have opposed the arguments advanced by learned counsel for the appellants and submitted that offence of atrocities is made out against the appellants. So, anticipatory bail is not maintainable. Learned counsel for the respondent also submitted that custodial interrogation of the appellants are required. So, the bail be dismissed. 5. Learned counsel for the respondent relied upon the judgment in Prathvi Raj Chauhan Vs. Union of India (UOI) and Ors.; Writ Petition (C) Nos.1015 and 1016 of 2018 (Under Article 32 of the Constitution of India). 6. Keeping in view the facts and circumstances of the case, it would be just and proper to release the appellants on bail. 7. The order dated 27.04.2022 passed by the learned Special Judge, SC/ST (POA) Act Cases, Jaipur Metropolitan-I is quashed and set-aside and this appeal is allowed.
6. Keeping in view the facts and circumstances of the case, it would be just and proper to release the appellants on bail. 7. The order dated 27.04.2022 passed by the learned Special Judge, SC/ST (POA) Act Cases, Jaipur Metropolitan-I is quashed and set-aside and this appeal is allowed. The S.H.O/I.O/Arresting Officer, Police Station Chaksu, Jaipur City (North) in FIR No.91/2022 is directed that in the event of arrest of the appel- lants-Nandkishore S/o Ghasiram, Kailash S/o Ghasiram and Rajendra S/o Ghasiram they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to his satisfaction on the following conditions :- (i). that the appellants shall make themselves available for interrogation by a police officer as and when required; (ii). that the appellants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii). that the appellants shall not leave India without previous permission of the court.