ORDER : 1. The instant appeal has been filed under Section 14A(2) SC/ST (PA) Act on behalf of the appellant Kishan Singh S/o Late Shri Guman Singh, who is in custody in connection with F.I.R. No.159/2022, Police Station Mahajan, District Bikaner for the offences under Sections 363 & 34 IPC and Section 3(2)(va) of the SC/ST (PA) Act against the order dated 11.01.2023 passed by the Special Judge, SC/ST (PA) Cases, Bikaner whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Learned counsel for the petitioner submits that the petitioner is an innocent person and he has unnecessarily been implicated in the case due to animosity. He further submits that there is no specific allegation and on the basis of omnibus allegations, the present petitioner was subjected to harassment. He further submits that FIR was lodged belatedly and no sufficient explanation was furnished for the delay so occasioned in filing the same. He further submits that prosecutrix was major on the date of kidnapping. He further submits that no other allegation except abduction was levelled against the petitioner. He further submits that the parties are known to each other and petitioner is not having any previous criminal antecedents. He further submits that the missing report which was registered by the complainant indicates that no specific allegation was levelled against the present petitioner. He further submits that investigation is yet to be concluded and trial will take its own time thus, keeping him in prolonged incarceration would not serve any purpose. Thus, he prayed that petitioner may be enlarged on bail. 3. Bail application was opposed by the learned Public Prosecutor. 4. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record. 5. A notice of intimation of present appeal was sent to complainant but despite service of notice, he did not appear. 6. As per police report, petitioner is in custody since 10.01.2023 and since then he is in custody and as per police report, offence under Section 363, 34 of the IPC, Section 3(2)(va) of the SC/ST (PA) Act and Section 84 of the Juvenile Justice Act are made out against the petitioner and the fact that petitioner does not have any previous criminal antecedent. 7. 7. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced by the counsel for the parties, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside. 8. Consequently, the instant appeal is allowed. The impugned order dated 11.01.2023 passed by the Special Judge, (SC/ST) (Prevention of Atrocities Cases) Bikaner is set aside. It is ordered that the accused-appellant, Kishan Singh S/o Late Shri Guman Singh, arrested in connection with F.I.R. No.159/2022 Police Station Mahajan, District Bikaner shall be released on bail; provided he furnishes a personal bond of Rs.50,000/-and two surety bonds of Rs.25,000/- each to the satisfaction of the 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.