Deepak S/o Shri Kanhaiyalal vs The State of Rajasthan

The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ''Act of 1989'') is preferred by the appellants for imploring annulment of order dated 14.09.2017 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Pratapgarh (for short, "learned trial Court") rejecting their post-arrest bail application arising out of FIR No.141/2017 registered at Police Station Choti Sadri, District Pratapgarh.

In the FIR aforementioned, appellants are castigated for offences punishable under Sections 341, 323, 427, 143, 458 IPC and Section 3(1)(d), 3(1)(w) of the Act of 1989.

It is argued by learned counsel for the appellants that all of them have been falsely implicated in the matter and no offence as such is committed by them. Learned counsel has further argued that there was a trivial dispute between complainant and the appellants which was blown out of proportion due to some misunderstanding but subsequently matter has been amicably settled. With this plea, learned counsel has urged that impugned order be annulled and appellants be released on bail.

Per contra, learned Public Prosecutor has opposed the appeal in general.

Mr. Gaurav Singh, learned counsel for the complainant has very candidly submitted that there was a trivial dispute and now parties have sorted out their dispute.

I have bestowed my consideration to the arguments advanced at the Bar and scanned the materials available on case

diary. While examining the case diary, I have also made endeavour to examine the statement of Ms. Suman, wife of the complainant, recorded under Section 164 Cr.P.C., who was the alleged ocular witness.

A perusal of her statement makes it abundantly clear that she has not identified any of the appellants. From her statement, it is also unfurled that she has completely absolved the appellants from commission of any offence under the Act of 1989.

In view thereof, I feel persuaded to upset the impugned order and the same is hereby quashed and set aside and the appeal is allowed.

The acceptance of appeal entails release of the appellants on bail and it is ordered that accused-appellants, (1) Deepak S/o Shri Kanhaiyalal, (2) Ajay S/o Shri Anil @ Kalichara, (3) Manish S/o Shri Manohar, (4) Sattu @ Satyanarayan S/o Shri Rameshwar Lal,

(5) Anil S/o Shri Ramsetu and (6) Arjun S/o Shri Kanhaiyalal, arrested in connection with F.I.R. No.141/2017 Police Station Choti Sadri, District Pratapgarh, may be released on bail; provided each one of them 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.