HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
S.B. Criminal Appeal No. 1130 / 2017
Subhash @ Subala S/o Shri Jai Singh B/c Meghwal Profession
Labour, Aged About 25 Years, R/o Village Jhirandiya, Police Station
Kishangarhbas Distt Alwar (at Present Confined At Sub Jail
State of Rajasthan Through PP
For Appellant(s) : Mr. Ramavtar Meena
For Respondent(s) : Mr. Rishi Raj Singh, PP
HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA VJ
Judgment / Order
This appeal has been filed under Section 14A of SC/ST Act
against the order dated 25.05.2017 passed by the Special Judge,
SC/ST (Prevention of Atrocities) Act Cases, Alwar whereby the
bail application filed by the appellant has been dismissed.
Brief facts of the case are that an FIR No.86/2017 was
registered at P.S. Kishangarh Bas for the offences mentioned
therein. During the course of investigation, the accused appellant
was arrested. Thereafter he moved the bail application before the
trial court, who vide impugned order dismissed the same. Hence
this appeal has been filed on behalf of the appellant.
(2 of 2)
Learned counsel for the appellant has contended that the
allegation does not support the medical report. Appellant is in
judicial lockup since long and the conclusion of the trial will take
time, hence the accused appellant should be released on bail.
On the other hand, learned Public Prosecutor has opposed
the submissions advanced on behalf of learned counsel for the
Looking to the facts and circumstances of the case that the
allegation against the petitioner are under Section 377 I.P.C.
under Section 5 (M)/O POCSO Act, and without expressing any
opinion on the merits and demerits of the case, I deem it just and
proper to release the appellant/s on bail.
Therefore, this appeal is allowed and it is directed that
accused appellant Subhash @ Subala S/o Shri Jai Singh shall
be released on bail under Section 14 A of SC/ST Act in connection
with afore-mentioned FIR provided he furnishes a personal bond
in the sum of Rs.50,000/- together with two sureties in the sum
of Rs.25,000/- each to the satisfaction of the trial court with the
stipulation that he shall appear before that court on all subsequent
dates of hearing and as and when called upon to do so.
(SANJEEV PRAKASH SHARMA VJ)J.