SOHEL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Section 14-A(2) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with F.I.R. No. 694/2020, Police Station Hanumangarh Town, District Hanumangarh, registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code and Sections 3 (1) (S) (F) of the SC/ST (Prevention of Atrocities) Act against the order dated 22.04.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Heard learned counsel for the appellant and learned counsel for the complainant through video conferencing as well as learned Public Prosecutor present-in-person. Perused the material available on record.

(3.) Learned counsel appearing for the appellant through video conferencing stated that agreement to sale was executed by the complainant in favor of appellant; since loan was taken from the bank, property was placed with bank, therefore, registration could not take place. He further stated that as per agreement, installments of bank loan was to be paid by the appellant but due to pandemic, some of the installments could not be paid by the appellant, therefore, F.I.R was lodged and appellant was falsely implicated for the offence punishable under Section 420 and 406.