In cases involving offences under the SC/ST Act, bail may be granted considering the totality of facts and circumstances, including the completion of custodial investigation and the allegations against the appellant.

ORDER

. This is first criminal appeal filed under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the order of rejection of his bail by the trial Court for grant of regular bail to the appellant who is in jail since 19.02.2024 in connection of Crime No.1/2024, registered at Police Station AJK, District Seoni (M.P) for the offences punishable under Sections 294, 323,355, 342, 506, 34, 386, 120-B, 347, 348, 327, 365, 354-A of Indian Penal Code and Section 3(1)(r-s), 3(2)(v- A), 3(2)(v), 3(1)(w)(2) of SC/ST Act.

2 . Learned counsel appearing for the appellant submitted that complainant was his servant and was working in a grocery shop. He committed theft in the shop, however no action was taken against him as he was working in the shop since last 10 to 12 years. It is submitted that later on complainant has lodged a report under SC/ST Act. It is submitted that appellant is a political person and cases pending against him has arisen out of political protest and action which are taken by appellant for public good. It is submitted that appellant is innocent and has falsely been implicated in the case. In these circumstances, appellant may be released on bail.

3. Learned Govt. Advocate appearing for the State Government as well as learned counsel for the objector opposed the appeal for grant of bail. It is submitted that offences are serious in nature. In these circumstances appellant may not be enlarged on bail.

4. Heard learned counsel for the parties. 5. Custodial investigation of appellant is over. Police no longer require appellant for custodial investigation.

6. Considering the totality of facts and circumstances of the case and also taking into account allegations made against the appellant, appeal filed by the appellant is allowed.

7. It is directed that appellant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand) with one solvent surety in the like amount to the satisfaction of trial Court.

8. In addition to that appellant shall abide by the conditions enumerated in Section 437 (3) of Cr.P.C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Certified copy as per rules.

(VISHAL DHAGAT) JUDGE mms