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Judgment
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.