RAGHUNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No. 24/2022, Police Station Mandalgarh, District Bhilwara, for the offences under Ss. 323, 341 of IPC, Ss. 3(1)(R)(S) and 3(2)(VA) of SC/ST Act against the order dtd. 5/8/2022 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Act Cases, Bhilwara whereby, the bail application preferred under Sec. 438 Cr.P.C. on behalf of the appellants was rejected.

(2.) Counsel for the appellants submits that the FIR in this case has been lodged after a considerable delay and this delay has not at all been explained by the complainant. Counsel further submits that the injured also refused to undergo medical examination. Hence, a false case has been made against the appellants and appellants are ready to cooperate in the investigation whenever called upon to do so. Therefore, no useful purpose shall be served in sending the appellants behind the bars. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellants.

(3.) Consequently, the instant appeal is allowed. The impugned order dtd. 5/8/2022 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act Cases, Bhilwara is set aside. It is directed that in the event of arrest of appellants (1) Raghunath S/o Shri Arjun; and (2) Smt. Maya W/o Shri Raghunath in connection with FIR No. 24/2022, Police Station Mandalgarh, District Bhilwara, the appellants shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.1,00,000.00 along with two sureties of Rs.50,000.00 each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-