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.