Kanaram S/o Sh. Jetha Ram vs The State of Rajasthan

Accused-appellants have laid this appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ''Act of 1989'') to assail impugned order dated 04.09.2017 passed by Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Cases), Sri Ganganagar (for short, "learned trial Court"). By the order impugned, learned trial Court has rejected the bail application of appellants under Section 439 Cr.P.C. in respect of FIR No.132/2017 of Police Station Rajiyasar, Sri Ganganagar for offences under Sections 332, 353, 34 IPC and Section 3(1)(r)(s) of the Act of 1989.

I have heard learned counsel for the appellants, learned Public Prosecutor and perused the impugned order and also other materials available on record.

Having regard to the facts and circumstances of the case, and taking into consideration the alleged criminal delinquency of the appellants, in my opinion, learned trial Court has erred in declining prayer of the appellants for grant of bail

Accordingly, the instant appeal is allowed, the impugned order passed by learned trial Court is set aside and it is ordered that accused-appellants, (1) Kanaram S/o Sh. Jetha Ram, and (2) Shrawan Kumar S/o Sh. Gopi Ram, arrested in connection with F.I.R. No.132/2017 Police Station Rajiyasar, District Sri Ganganagar, 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.