The court has the discretion to order the release of an appellant on bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.

JUDGMENT

Inderjeet Singh, J. - The present criminal appeal under Section 14 (A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.0448/2019 registered at Police Station Sapotara, District Karauli for the offence under Sections 323, 341, 447 of IPC and Section 3(1)(S) and 3(2)(va) of SC/ST(POA) Act (In FIR) and under Sections 323, 341, 447/34 of IPC and Section 3(1)(C) (F)(G)(R)(S), 2(VA) of SC/ST (Prevention Of Atrocities) Act.

2. Counsel for the appellant submits that the appellant has been falsely implicated in this matter. Counsel further submits that initially, the police, after investigation, submitted negative final report against the accused-petitioner, however, on the protest petition being submitted by the complainant, the learned trial Court has taken cognizance against the accused-petitioner. Counsel further submits that the petitioner is behind the bars for last about 15 days. Counsel further submits that civil suit between the parties with regard to land in dispute is also pending.

3. Learned Public Prosecutor assisted by counsel for the complainant has opposed the appeal.

4. Considering the material on record and also considering the period of custody and taking into account the facts and circumstances of the present case and without expressing any opinion on the merits of the case, it would be just and expedient to order the release of the appellant on bail.

5. The order dated 12.02.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Karauli is quashed and set-aside and this appeal is accordingly allowed. Appellant be admitted to regular bail subject to satisfaction of the trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.