Fateh Singh vs State

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No. 553/2019 Police Station Bilara District Jodhpur for the offences under Sections 509 I.P.C. and Section 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act against the order dated 14.2.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in the case as there is dispute between the present appellant and one Shimbhu Singh. The prosecutrix is a widow lady who is working in the fields of Shimbhu Singh and at the behest of Shimbhu Singh, this frivolous FIR has been lodged.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 14.2.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Fateh Singh S/o Bhur Singh arrested in connection with F.I.R. No. 553/2019 Police Station Bilara District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.