The court established that in cases involving multiple accused, the presence of no direct allegations against an individual can be a significant factor in granting bail.

Headnote:
BAIL - S.C./S.T. (Prevention of Atrocities) Act - The court analyzed the allegations against the appellant, noting that there were no direct accusations of rape against him, as the primary allegations were against a co-accused. The court interpreted the provisions of the S.C./S.T. (Prevention of Atrocities) Act and the Criminal Procedure Code, concluding that the appellant's appeal for bail should be granted based on the lack of direct involvement in the alleged crime.
Fact of the Case:

The appellant, Sattar Khan, was in custody for charges related to abduction and rape under the IPC and the S.C./S.T. (Prevention of Atrocities) Act. His bail application was rejected by the Special Judge.
Finding of the Court:

The court found that the allegations against the appellant did not include direct involvement in the rape, as the primary accusation was against a co-accused. The court considered the arguments and the circumstances of the case.
Issues: Whether the appellant should be granted bail given the nature of the allegations and his lack of direct involvement in the alleged crime.
Ratio Decidendi: The court determined that the absence of direct allegations against the appellant warranted the acceptance of his bail application, emphasizing the need for a fair assessment of the charges.
Result: The appeal was allowed, the previous order denying bail was set aside, and the appellant was granted bail under specified conditions.

JUDGMENT

Rameshwar Vyas, J. - No one has put in appearance on behalf of the respondent No. 2 despite service of notice upon her.

2. The instant criminal appeal has been filed under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 34/2021, Police Station Samdari, District Barmer for the offences under Sections 376(2)(N), 366 & 120-B of I.P.C. and Section 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 07.08.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Balotra whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

3. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

4. Learned counsel for the appellant submits that there is no allegation of rape against the appellant. As per the prosecution story, the prosecutrix was abducted by the co-accused Farooq alias Farooq Khan, who committed rape upon her. The appellant is son-in-law of Farooq alias Farooq Khan, against whom the allegation of committing offence under Section 376 I.P.C. has been levelled with the aid of Section 120-B of I.P.C. He, therefore, prays that the appeal of the appellant may be allowed and he may be enlarged on bail.

5. Learned Public Prosecutor opposes the appeal.

6. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted.

7. Consequently, the instant criminal appeal is allowed. The impugned Order dated 07.08.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Balotra is set aside. It is ordered that the accused-appellant - Sattar Khan S/o Imam Khan arrested in connection with F.I.R. No. 34/2021, Police Station Samdari, District Barmer shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/- (Rupees: One Lac Only) and two sureties of Rs.50,000/- (Rupees: Fifty Thousand Only) each to the satisfaction of the trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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