JUDGMENT :

1. The instant appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act have been filed by the appellants against the orders dated 16.5.2023 and 7.8.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jaisalmer in Cr. Misc. Case Nos.172/2023 and 336/2023, whereby the bail applications filed by the appellants, who have been arrested in connection with FIR No.15/2023 registered at Police Station Ramdeora, District Jaisalmer, for offences under Section 376, 376(2)(N) of IPC and Section 3(1)(w)(i), 3(2)(v)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been rejected.

2. Learned counsel submitted that the appellants have been falsely implicated in a criminal case. Learned counsel submitted that the prosecutrix is in a habit of lodging FIRs by levelling false allegations with a view to extort money. It was submitted that on 15.4.2023, prosecutrix lodged an FIR against appellants at PS Ramdeora, District Jaisalmer bearing FIR No.15/2023 for the offences under Sections 366, 323, 384, 344, 376/511 of IPC and under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in which a compromise was arrived at between the appellants and prosecutrix. Learned counsel further submitted that the FIRs of similar nature were lodged by the prosecutrix being FIR No.81/2021 and FIR No.09/2022 wherein also, similar allegations were levelled by her against few other persons.

3. Learned counsel submitted that the conduct of the prosecutrix in lodging FIRs with similar allegations against various persons is indicative of the fact that she misusing the process of law. Learned counsel submitted that the present FIR has been lodged with false allegations that the appellant (Jugat Singh) sold a tractor No.HR.20K.7850 to the appellant (Heera Lal) for a consideration of Rs.2,50,000/-. Learned counsel submitted that the appellant (Heera Lal) is husband of the prosecutrix and after aforementioned transaction between appellants (Heera Lal and Jugat Lal), certain disputes arose between the spouses and owing to the same on next day i.e. 2.3.2022 the present FIR has been lodged with bundle of false facts; challan has been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellants.

4. Per contra, learned Public Prosecutor opposed the appeal.

5. Heard learned counsel for the appellants and learned Public Prosecutor. Perused the material available on record.

6. Having considered the rival submissions, facts and circumstances of the case so also the fact that the prosecutrix is wife of appellant (Heera Lal), therefore, the possibility of dispute between the spouses owing to the purchase of tractor cannot be ruled out and in view of the fact that earlier also, FIRs were lodged by the prosecutrix against various other persons including appellant (Jugat Singh) with similar allegations, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the appellants on bail.

7. Accordingly, these two appeals under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are allowed. The orders dated 16.5.2023 and 7.8.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Jaisalmer in Cr. Misc. Case Nos.172/2023 and 336/2023 is set aside and it is ordered that the accused-appellants-(i) Jugat Singh S/o Binjraj Singh and (ii) Heeralal S/o Shri Gordhanram shall be enlarged on bail in connection with FIR No.15/2023 registered at Police Station Ramdeora, District Jaisalmer, provided each of them furnishes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/-each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates o