Parvati And Others vs State And Others

Dinesh Mehta, J

The present appeal has been filed by the applicants under Section 14(A) of the S.C. S.T. Act in connection with FIR No.409/2020, registered at Police Station Jalore, District Jalore for the offence under Section 451, 323, 143 of the Indian Penal Code, 1860 and 3(1)(f), 3(1)(d) & 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act of 1989’).

Learned counsel for the applicants submitted that on the basis of the contents of the FIR, no offence is made out against the present applicants, who were reported to be accompanying the group which entered the service centre of the complainant.

Learned counsel submitted that even if the assertions made in the FIR are taken to be correct, then also it cannot be believed that ladies would use unparliamentary language and words which may fall foul the provisions of the Act of 1989.

Learned Public Prosecutor opposed the bail of the applicants while submitting that bail cannot be granted under the provisions of the Act of 1989.

Having heard to learned counsel for the parties and considering the omnibus allegations and the fact that interrogation from the applicants is over, this Court deems it just and proper to enlarge the present applicants on bail.

Consequently, the appeal is allowed. The impugned order dated 05.06.2021 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jalore is set aside. It is ordered that applicant (1) Parvati W/o Babulal & (2) Premlata W/o Jagdish arrested in connection with FIR No.409/2020, registered at Police Station Jalore, District Jalore shall be released on bail on their furnishing personal bond in the sum of Rs.50,000/- each and two sureties of Rs.25,000/-each to the satisfaction of the learned trial Court.

Applicants shall be required to appear before the trial Court on all dates of hearing and as and when called upon to do so.