AI Structured Summary
Not yet generated for this judgment
Judgment
Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the factual report of the I.O. and the case
diary.
The instant appeal has been filed under Section 14A(2)
SC/ST (PA) Act on behalf of the appellant, who is in custody in
connection with F.I.R. No.35/2017, Police Station Sadar, Bhilwara
for the offences under Sections 143, 341, 323 IPC, and Section
3(1)(R)(s) of the SC/ST (PA) Act against the order dated
16.3.2017 passed by the Special Judge, SC/ST (PA) Cases,
Bhilwara whereby, the bail application preferred under Section 439
Cr.P.C. on behalf of the appellant was rejected.
As per the antecedents report placed on record, though ten
cases are registered against the petitioner but he has been
acquitted in four of them. None of other cases involves the offence
under the S.C/S.T. (PA) Act. As per the injury report of the injured
complainant, he received a total of four blunt weapon injures in
the incident of which two resulted in fracture. However, the
allegations of the prosecution against the accused are omnibus in
nature. Gopal, Raju @ Udaylal and Dilkhush have been enlarged
on bail by the trial court.
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, this Court is of the opinion
that the appellant deserves to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned
order dated 16.3.2017 passed by the Special Judge, SC/ST (PA)
Cases, Bhilwara is set aside. It is ordered that the accused-
appellant, Badri arrested in connection with F.I.R. No.35/2017,
Police Station Sadar, Bhilwara shall be released on bail; provided
he furnishes a personal bond of Rs.50,000/- 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.