P.K Lohra, J.:— Accused-appellant has preferred this appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 (for short, ‘the Act’) to assail impugned order dated 5th of August, 2017, passed by Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Cases, Jalore (for short, ‘learned trial Court’) rejecting his bail application under Section 439 Cr.P.C, in connection with FIR No. 52/2017 of Police Station Bagoda, District Jalore. In the said FIR appellant is charged for offences under Sections 354A, 354D & 457 IPC and Section 3(1)(w) of the Act.
2. Police after investigation has submitted charge-sheet in the matter against appellant and others for the aforesaid offences.
3. It is submitted by learned counsel for the appellant that offences under Section 354A and 354D IPC are bailable. Learned counsel has further argued that charge under Section 3(1)(w) of the Act is attributed to the appellant for wreaking vengeance against him and other persons named in the FIR. Learned counsel has submitted that learned trial Court has not examined the matter in right perspective and now in the wake of changed circumstances when charge-sheet has already been filed, appellant may be enlarged on bail by allowing this appeal.
4. Learned Public Prosecutor has vehemently opposed the appeal. It is argued by learned Public Prosecutor that learned trial Court in its discretion has declined bail plea, and therefore, no interference with the impugned order is warranted in exercise of appellate jurisdiction.
5. I have heard learned counsel for the accused-appellant as well as learned Public Prosecutor and perused the impugned order in conjunction with the materials available on record.
6. Upon perusal of the impugned order as well as other materials available on record, in my opinion, prima facie, criminal delinquency of the appellant for the aforesaid offences is under serious cloud and as such this Court can exercise its discretion for granting him indulgence to the extent of enlarging him on bail. The learned trial Court, while rejecting the bail application, was, in fact, impressed by seriousness of the allegations and the issue has not been thrashed out in right perspective in the matter of grant of bail.
7. Accordingly, I feel inclined to accept this appeal.
8. Consequently, the appeal is allowed and the impugned order passed by learned trial Court is set aside and it is ordered that accused-appellant, Dhannaram @ Dhanraj S/o Shri. Heera Ram, arrested in connection with F.I.R No. 52/2017 Police Station Bagoda, District Jalore may be released on bail; provided he furnishes a personal bond of Rs. 50,000/- with two surety bonds of Rs. 25,000/- each to the satisfaction of 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.