Bail can be granted under the SC/ST (Prevention of Atrocities) Act based on the absence of prior criminal records and the circumstances surrounding the case, without prejudicing the merits of the case.

Headnote:
BAIL - SC/ST (Prevention of Atrocities) Act - The court granted bail to the appellant, Mislu Khan, considering the nature of allegations, his length of custody, absence of criminal antecedents, and the material in the case diary, while emphasizing that the decision does not reflect on the merits of the case.
Fact of the Case:

The appellant was implicated in a case involving multiple offenses under the IPC and the SC/ST (Prevention of Atrocities) Act, following an incident that occurred spontaneously. He has been in custody since July 8, 2021, and claims to have no prior criminal record.
Finding of the Court:

The court found that the nature of the allegations, the length of custody, and the absence of prior criminal history warranted the granting of bail, despite the serious nature of the charges.
Issues: Whether the appellant should be granted bail considering the circumstances of the case and the nature of the allegations against him.
Ratio Decidendi: The court emphasized that bail can be granted based on the absence of criminal antecedents, the length of custody, and the nature of the allegations, without delving into the merits of the case.
Result: The appeal was allowed, the previous order denying bail was quashed, and the appellant was granted bail under specified conditions.

JUDGMENT

Mahendar Kumar Goyal, J. - The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act has been filed in connection with FIR No.0317 registered at Police Station Malakheda, District Alwar for the offence under Section(s) 143, 323, 341 & 504 IPC and Section 3(1)(S) & 3(1) (W) of SC & ST (Prevention of Atrocities) Act, 1989 (for short ?the Act of 1989?) and later on for the offence under Section 341, 323, 325 & 307 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 the incident occurred at spur of moment without any premeditation. He submitted that the injury on the person of Pradeep leading to offence under Section 307 IPC has been attributed to co-accused Rahul Khan. He submitted that the appellant is in custody since 08.07.2021, investigation as against him is complete, he has no criminal antecedents and prayed for his release on bail.

3. Learned Public Prosecutor has opposed the appeal.

4. Taking into consideration the submissions advanced by learned counsel for the appellant, the nature of allegation against him, his length of custody, material contained in the case diary especially the injury report on record and statements of injured witnesses recorded under Section 161 Cr.P.C. and absence of criminal antecedents; 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 14.07.2021 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 Mislu Khan S/o Shri Sammi Khan 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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