The court established that the provisions of the SC/ST (Prevention of Atrocities) Act must be balanced with the rights of the accused, particularly in cases where the allegations are not severe and the accused has been in custody for an extended period.

Headnote:
[BAIL] - [SCHEDULED CASTES & SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT] - The court considered the appellant's age, length of custody, and the nature of allegations while interpreting the provisions of the SC/ST (Prevention of Atrocities) Act and the Indian Penal Code. The decision to grant bail was influenced by the lack of serious criminal antecedents and the completion of investigation, leading to the conclusion that the appellant should be released on bail under specified conditions.
Fact of the Case:

The appellant, Ompraksh @ Om Prasad, was implicated in FIR No.0346/2021 for various offences under the IPC and the SC/ST (Prevention of Atrocities) Act. He contended that the FIR was lodged with undue delay and that his past criminal record was not serious. He has been in custody since August 10, 2021.
Finding of the Court:

The court found that the nature of the allegations, the appellant's age, and the duration of his custody warranted the granting of bail. The court noted that the investigation was complete except for the SC/ST Act charges, which were not grave.
Issues: Whether the appellant should be granted bail considering the nature of the allegations, his age, and the duration of custody.
Ratio Decidendi: The court emphasized that bail should be granted when the accused is not a flight risk and when the allegations do not warrant continued detention, especially in light of the appellant's age and the completion of the investigation.
Result: The appeal was allowed, the previous order denying bail was quashed, and the appellant was granted bail upon furnishing a personal bond and sureties.

JUDGMENT

Mahendar Kumar Goyal, J. - The present criminal appeal under Section 14-A(1) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act has been filed in connection with FIR No.0346/2021 registered at Police Station Malakheda, District Alwar for the offence under Section(s) 143, 323, 341 & 506 IPC and Section(s) 3(1)(s), 3(1) (w) & 3(2)(va) of SC & ST (Prevention of Atrocities) Act, 1989 (for short ?the Act of 1989?) and later on for the offence under Section(s) 143, 341, 323 & 506 IPC and under Section(s) 3(1)(r) (s)-3(2)(va) of the Act of 1989.

2. Learned counsel for the appellant contends that he has falsely been implicated in this case wherein FIR has been lodged with inordinate delay. With regard to criminal antecedents, learned counsel for the appellant submitted that they are of remote past and do not involve any grave offence. He submitted that the appellant is around 70 years of age, is in custody since 10.08.2021, investigation as against him is complete, except the offence under the provisions of the Act of 1989, rest offences under the Indian Penal Code are triable by Magistrate and prayed for his release on bail.

3. Learned Public Prosecutor has opposed the appeal. Despite service, none appears for the respondent No.2. Taking into consideration the submissions advanced by

4. learned counsel for the appellant, the nature of allegation against him, his length of custody and material available 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 appellant on bail.

5. The order dated 11.08.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Alwar (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Ompraksh @ Om Prasad S/o Shri Pokhar shall be released on bail provided he 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 he 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 and shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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