Devi Lal vs State And Anr

Despite service, no one appears on behalf of the respondent No.2.

Heard learned counsel for the appellant and learned public prosecutor. Perused the material available on record.

The instant appeal has been filed under Section 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.668/2020, Police Station Kotwali, Chittorgarh, District Chittorgarh for the offences under Sections 376, 354(C) of IPC and under Section 3(2)(va) of Scheduled Caste/ Scheduled Tribe (Prevention of Atrocities Act Cases), against the order dated 19.02.2021 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh, in Criminal Misc. Bail Case (2 of 2) [CRLAS-244/2021] No.28/2021 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.

Counsel for the appellant submits that the appellant has not committed the offences alleged against him and he is innocent. The learned court below has grossly erred in law and facts as well as well in declining to release the appellant on bail.

Learned Public Prosecutor has opposed the prayer for bail. The explanation filed on behalf of Superintendent of Police, Chittorgarh in pursuance of order dated 22.04.2021 is hereby taken on record.

Having regard to the entirety of facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, 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.

Consequently, the instant appeal is allowed. The impugned order dated 19.02.2021 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act Cases, Chittorgarh is set aside. It is ordered that the accused appellant Devi Lal S/o Mangi Lal shall be released on bail in FIR No.668/2020, Police Station Kotwali Chittorgarh, District Chittorgarh, provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of

Rs. 50,000/- 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.