Arjun Rao vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal has been filed under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.268/2022 registered at Police Station Raisinghnagar, District Sri Ganganagar for the offences under Sections 307, 325, 341, 323 and 143 IPC and Section 3(2)(v), 3(2)(va) of SC/ST Act.

Heard learned counsel for the appellant and Public Prosecutor for the State Perused the material available on record.

Learned counsel for the appellant submitted that similarly situated co-accused Mukesh and Omprakash have already been enlarged on bail by a Coordinate Bench of this Court vide order dated 16.01.2023 in S.B. Criminal Appeal No.2080/2022. Learned counsel further submitted that the case of the present appellant is not distinguishable from those of the co-accused. The appellant is in judicial custody and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel submitted that benefit of bail may be extended to the appellant.

Per contra, learned Public Prosecutor vehemently opposed the bail application.

Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced without commenting on the merits of the case, this Court deems it proper to enlarge the appellant on bail.

Consequently, the instant appeal is allowed. The impugned order dated 10.01.2023 passed by the Special Judge, SC/ST Act, Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant Arjun Rao S/o Sh. Biharilal arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned lower Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.