Farjand Ali, J
1. Despite service, no one appeared on behalf of the respondent No.2/ victim/complainant.
2. The jurisdiction of this Court has been invoked by way of filing an appeal under Section 14A(2) of SC/ST (Prevention of Atrocities) Act at the instance of accused-appellant. The requisite details of the matter are tabulated herein below:
|
S.No |
Particulars of the Case |
|
|
1 |
FIR Number |
275/2023 |
|
2 |
Concerned Police Station |
Pindwara |
|
3 |
District |
Sirohi |
|
4 |
Offences alleged in the FIR |
Sections 363, 366, 376 and 34 of IPC |
|
5 |
Offences added, if any |
Section 366 and 120-B of the IPC and Section 3(2)(v) of the SC/ST Act. |
|
6 |
Date of passing of impugned order |
04.10.2023 |
3. It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in the present case and he has nothing to do with the alleged offence. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping the appellant behind the bars. He, therefore, prays that benefit of bail may be granted to the appellant.
4. Per contra, learned Public Prosecutor as well as the learned counsel for the complainant has opposed the bail application.
5. Heard learned counsel for the appellant, learned Public Prosecutor and perused the material available on record.
6. A perusal of the impugned order is revealing that principally the allegations are against the accused Arjun S/o Ramaram and no specific and overt act has been attributed to the petitioner. Thus, taking into account the totality of the facts and circumstances of the case and the fact that trial would take a long time to conclude, this Court is of the opinion that the appellant deserve to be enlarged on bail.
7. Consequently, the instant appeal is allowed. The impugned order dated 04.10.2023 passed by the Special Judge, SC/ST Cases, Sirohi in Criminal Misc. Case No.583/2023 is set aside. It is ordered that the accused-appellant, named in the cause title, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each to the satisfaction of the 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.
