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Judgment
Heard learned counsel for the appellants and learned Public
Prosecutor. Perused the order under challenge as well as challan
papers.
The instant appeal has been filed under Section 14A of
SC/ST (PA) Act on behalf of the appellants, who are in custody in
connection with F.I.R. No.94/2016, Police Station Khinvsar, District
Nagaur for the offences under Section 302 / 34 IPC and Section
3(2)(v) of the SC/ST (PA) Act against the order dated 8.2.2017
passed by the Special Judge, SC/ST (PA) Cases, Merta whereby,
the bail application preferred under Section 439 Cr.P.C. on behalf
of the appellants was rejected.
The case of the prosecution as against the appellants was
based on circumstantial evidence. The main circumstance being
the evidence of extra judicial confession. Witnesses PW1 Jetha
Ram, PW2 Jog Ram and PW9 Sukh Ram in whose presence the
accused are said to have confessed have been examined at the
trial. All these witnesses did not support the prosecution story and
were declared hostile.
In this background and having regard to the entirety of facts
and circumstances as available on record and upon a consideration
of the arguments advanced at the bar but without expressing any
opinion on the merits of the case, I am inclined to grant bail to the
appellants.
Consequently, the instant appeal is allowed. The impugned
order dated 8.2.2017 passed by the Special Judge, SC/ST (PA)
Cases, Merta is set aside. It is ordered that the accused-
appellants, Babu Lal and Smt. Bachna Devi arrested in connection
with F.I.R. No.94/2016, Police Station Khinvsar, District Nagaur
shall be released on bail; provided they furnish a personal bond of
Rs.50,000/- each and two surety bonds of Rs.25,000/- 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.