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Judgment
7 paragraphs · 351 wordsRameshwar Vyas, J
The instant appeal has been filed under Section 14-A of Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No. 71/2022 registered at Police Station Goluwala, Hanumangarh for the offences under Sections 341, 323, 326, 307, 143 IPC and Section 3(2)(va) and 3(2)(V) of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act against the order dated 22.7.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities Act) Cases, Hanumangarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Learned counsel for the appellant submits that as per injury report of injured Krishna Lal, two stab wounds were found on his person, which is attributed to co-accused Abdul Manan. Counsel submits that another co-accused Bittu Singh has already been enlarged on bail by this Court. In the above, circumstances, learned counsel for the appellant prays that the appeal filed by the appellant deserves to be allowed.
None present for the complainant – respondent no.2 despite service of notice.
On the contrary, learned Public Prosecutor has opposed the appeal.
Having regard to the rival contentions of the learned counsel for the parties and after perusal of the material available on record, in the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant the bail to the appellant.
Consequently, the instant appeal is allowed. The impugned order dated 22.7.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocties Act) Cases, Hanumangarh is set aside. It is ordered that the accused-appellant, Abdul Jabar @ Missu S/o Shri Akbar Ali arrested in connection with F.I.R. No.71/2022 registered at Police Station Goluwala, Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- with two sound and solvent sureties of Rs. 50,000/-each to the satisfaction of the 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.
