Oab Singh vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant against the order dated 16.9.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jalore in Cr.Misc. Case No.204/2023, whereby the bail application filed by the appellant, who has been arrested in connection with FIR No.2/2018 registered at Police Station Jalore, District Jalore, for offences under Sections 506 IPC and 3(2)(R)(S), 3(2)(VA) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

Though the appellant jumped bail way back on 5.2.2022 while facing trial. However, on issuance of warrant of arrest, he was arrested by the police and was presented before the competent criminal court on 16.9.2023 whereafter, the appellant was sent to judicial custody.

Learned counsel for the appellant submitted that the appellant could not appear before the learned trial court for marking his attendance for the reason that he went out of station for earning his livelihood. Learned counsel thus implored the Court to enlarge the appellant on bail.

Per contra, learned Public Prosecutor opposed the bail application.

Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

Having regard to the facts and circumstances, this Court is of the opinion that the appellant deserves to be granted one more opportunity to face trial while being on bail.

Accordingly, the appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is allowed. The order dated 16.9.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jalore is set aside and it is ordered that the accused-appellant- Oab Singh S/o Chandan Singh shall be enlarged on bail in connection with FIR No.2/2018 registered at Police Station Jalore, District Jalore, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to so.