Mukut Bihari vs State Of Rajasthan And Ors

The present appeal has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for

short 'the Act of 1989'). The appellant has been arrested in connection with FIR No.221/2020 registered at Police Station Sultanpur, District Kota for

the offence under Section(s) 332, 353, 354, 341, 323, 504 of IPC & Section(s) 3(1)(r), 3(1)(S), 3(1)(w)(i), 3(2)(va) of the Act of 1989 and later on for

the offence under Section(s) 354, 332, 353, 341, 323, 504, 506 of IPC & Section(s) 3(1)(w-i) (R)(s), 3(2)(va) of the Act of 1989.

It is contended by the learned counsel for the appellant that a dispute of trivial nature has been given colour of criminal case.

He submitted that the appellant is in custody for about one month, investigation as against him is complete, trial of the case will take time and prayed

for his release on bail.

Learned Public Prosecutor has opposed the appeal. Learned Public Prosecutor assisted by learned counsel for the complainant opposing the appeal

submitted that there are grave allegations against the appellant of subjecting an elected representative and her husband to beating and harassment.

They submitted that there are three other criminal cases registered against the appellant out of which one is under Section 302 IPC and hence, the

appellant does not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the appellant, his

length of custody and the material available in the case diary; but, without expressing any opinion on the merits of the case, this Court deems it just and

proper to enlarge the appellant on bail.

The order dated 09.11.2020 passed by the learned Special Judge, SC/ST (POA) Cases, Kota is quashed and set-aside and the appeal is accordingly

allowed and it is directed that accused- appellant Mukut Bihari S/o Shri Ghansilal shall be released on bail provided he furnishes a personal bond in the

sum of Rs.100,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the

satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all

subsequent dates of hearing and as and when called upon to do so.

However, looking to the nature of offence and criminal record of the appellant, it is made clear that in case the appellant is found involved in

offence(s) of similar nature in future, learned trial Court shall be at liberty to cancel the benefit of bail extended by this Court to him.