The court established that compliance with procedural requirements and the nature of allegations are critical factors in determining bail under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

JUDGMENT

Learned Public Prosecutor apprises this Court that compliance of Section 15A(3) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989') has been made.

The present criminal appeals under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act has been filed in connection with FIR No.280/2021 registered at Police Station Baseri, District Dholpur for the offence under Section(s) 143, 353, 504 & 506 of IPC, under Section(s) 3(1)(S) & 3(2)(va) of the Act of 1989 and under Section 3 of Rajasthan Prevention of Defacement of Property Act, 2006.

Learned counsel for the appellants contended that for the same incident, a complaint under Sections 107 & 151 Cr.P.C. dated 12.08.2021 was filed by the SHO, Police Station Baseri with the Sub-Divisional Officer, Baseri wherein some of the appelants were arrested at about 12:10 pm, as is apparent from their arrest memo. He submitted that in view thereof, the allegations levelled in the present FIR stands falsified on their face. Learned counsel submitted that the appellants are in custody since 13.08.2021, investigation as against them is complete and prayed for their release on bail.

Learned Public Prosecutor has opposed the appeals. Taking into consideration the submissions advanced by learned counsel for the appellants, the nature of allegation against them and the material contained in the case diary; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the appellants on bail.

The orders dated 18.08.2021 (in Case No.96/2021) & 17.08.2021 (in Case No. 94/2021) passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Dholpur (Rajasthan) are quashed and set-aside and these appeals are accordingly allowed. It is directed that accused appellants 1. Brijraj Singh S/o Shiv Narayan, 2. Deepak S/o Brijraj Singh, 3. Shivcharan S/o Ramlal, 4. Mukesh S/o Shivnarayan, 5. Vivek S/o Brijraj Singh, 6. Sanjeev @ Sandeep S/o Suresh, 7. Rocky S/o Shrikrishan & 8. Yash @ Ayush S/o Jagdish shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.