Saif Kumar S/o Shri Sanjay vs The State of Rajasthan

Accused-appellants have 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 their bail application under Section 439 Cr.P.C. in respect of FIR No.323/2017 of Police Station Nokha, District Bikaner for offences under Sections 341, 382 read with Section 34 IPC.

It is argued by learned counsel for the appellants that appellants have been falsely implicated in the matter and the offences as such are triable by Magistrate. Learned counsel has further submitted that co-accused Rahul Kumar has already been enlarged on bail by this Court vide order dated 07.09.2017 and the case of the present appellants is not distinguishable from the co-accused.

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-appellants, (1) Saif Kumar S/o Shri Sanjay, and (2) Sahil @ Sajid S/o Shri Azad @ Gulam Nabi, arrested in connection with F.I.R. No.323/2017 Police Station Nokha, District Bikaner, may be released on bail; provided each of them 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.