AI Structured Summary
Not yet generated for this judgment
Judgment
Appellants have preferred this criminal appeal under Section 14A of SC/ST Act aggrieved by order dated 17.10.2019 passed by Special Judge, SC/ST Act Cases, Bundi, whereby, anticipatory bail application filed by the appellants was rejected.
F.I.R. No.138/2019 was registered at Police Station Dei, District Bundi for offence under Sections 143, 341, 323, 332, 333 and 353 of I.P.C. and under Section 3(2)(V) and 3(2)(Va) of SC/ST Act.
It is contended by counsel for the appellants that the appellants are belonging to the Scheduled Castes community. Caste certificate is annexed with the appeal, wherein, appellant No.1 is shown as a member of SC community and appellant Nos.2 and 3 both are son of appellant No.1. It is also contended that a compliant was lodged on 03.07.2019 by Anita wife of Maruti.
It is further contended that there is delay of two days in lodging of FIR. The allegations against the appellants is of pelting stones. No overt act as such is assigned to them in the FIR. Present FIR has been lodged to counter blast the complaint lodged by Anita.
Learned Public Prosecutor has opposed the appeal. It is contended that due to pelting of stones, one of the police constable has received fracture.
I have considered the contentions.
Considering the arguments put forth by counsel for the appellants, I deem it proper to allow the present appeal.
The order dated 17.10.2019 passed by Special Judge, SC/ST Act Cases, Bundi is quashed and set aside and the criminal appeal is allowed. The S.H.O/I.O/Arresting Officer, Police Station Dei, District Bundi in F.I.R. No.138/2019 is directed that in the event of arrest of the appellants they shall be released on bail, provided each of them furnish a personal bond in the sum of Rs.1,00,000/- with two sureties in the sum of Rs.50,000/- each to his satisfaction on the following conditions :-
(i). that the appellants shall make themselves available for interrogation by a police officer as and when required;
(ii). that the appellants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and
(iii). that the appellants shall not leave India without previous permission of the court.