Rahul Kumar S/o Babloo Kumar vs The State of Rajasthan

Accused-appellant has 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 19.08.2017 passed by Special Judge, (Scheduled Castes and Scheduled Tribes) (Prevention of Atrocities Cases), Bikaner (for short, "learned trial Court") rejecting his bail application under Section 439 Cr.P.C. in respect of FIR No.323/2017 of Police Station Nokha, District Bikaner for offence under Sections 341, 382 read with Section 34 IPC. As a matter of fact, petitioner along with two other accused persons applied for bail before the learned trial Court and the same is rejected by the learned trial Court.

It is argued by learned counsel for the appellant that appellant has been falsely implicated in the matter and offences as such are triable by Magistrate. Learned counsel has also submitted that prima facie injuries suffered by the victim are not of grave nature so as to constitute offence under Section 382 IPC, therefore, impugned order be set aside and appellant be enlarged on bail.

Learned Public Prosecutor has opposed the appeal and submits that looking to the gravity and magnitude of offences attributed to the appellant, no interference with the impugned order is warranted. Learned Public Prosecutor further submits that the learned trial Court, in its discretion, has declined the prayer for bail to the appellant which is not liable to be tinkered with in exercise of appellate jurisdiction.

Accordingly, the instant appeal is allowed, the impugned order passed by learned trial Court is set aside and it is ordered that accused-appellant, Rahul Kumar S/o Babloo Kumar, arrested in connection with F.I.R. No.323/2017 Police Station Nokha, District Bikaner, may be released on bail; provided he 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.