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Judgment
7 paragraphs · 349 wordsManoj Kumar Garg, J
Heard the learned counsel for the appellant and the learned Public Prosecutor. Perused the material available on record.
The instant appeal has been filed under Section 14A of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.144/2023, Police Station Talwada, District Hanumangarh for the offences under Sections 458, 323, 325, 34 IPC and Sections 3(1)(s), 3(2)(va) of SC/ST Act against the order dated 13.10.2023 passed by learned 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.
Counsel for the appellant submits that co-accused Satnam Singh has already been enlarged on bail by this Court and the case of the present appellant is similar to that of the co-accused.
Further the injured received grievous injuries on the non-vital part of his body and no specific averment has been made against the appellant. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor has opposed the prayer for bail. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 13.10.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh is set aside. It is ordered that the accused-appellant Anil S/o Mahendra Kumar arrested in connection with FIR No.144/2023, Police Station Talwada, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds 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.