The court established that in cases involving non-serious charges and prolonged trial durations, bail may be granted even under the SC/ST (Prevention of Atrocities) Act.

JUDGMENT

The instant appeal has been filed under Section 14 (A) of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with FIR No. 194/2020, Police Station Mahila Thana, District Alwar, for the offences under Sections 323, 341, 354-B of the I.P.C. and under Sections 3 (1) (V), 3(2)(VA) of the SC/ST (Prevention of Atrocities) Act against the order dated 19.02.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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

Learned counsel for the appellant stated that except offence under Sections 3(1)(V) and 3(2)(VA) of the SC/ST Act, remaining offences are triable by the Magistrate; accused-appellant is behind the bars since 10.09.2020; accused-appellant and complainant are neighbours; as per the statement of prosecutrix itself, there is no injury reported in this case; that charge-sheet has been filed and trial will take long time, therefore, benefit of bail may be granted to the accused-appellant.

Per contra, learned Public Prosecutor as well as learned counsel for the complainant has fervently and vehemently opposed the bail application of the accused-appellant and stated that earlier in another case, F.I.R was lodged against the accused- appellant and in that case, accused-appellant has been granted benefit of bail in that case and while on bail, accused-appellant harassed the complainant; that seven other cases have been registered against the accused-appellant.

Having regard to the totality of facts and circumstances of the case, particularly to the fact that except offences under Sections 3(1)(V) and 3(2)(VA) of the SC/ST Act, remaining offences are triable by the Magistrate; there is no injury reported in this case; charge-sheet has been filed and that trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 19.02.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellant Mahendra @ Bindu @ Mintu Son Of Sobharam, arrested in connection with FIR No. 194/2020, Police Station Mahila Thana, District Alwar, shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.