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Judgment
6 paragraphs · 350 wordsManoj Kumar Garg, J
The instant appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.311/2020, Police Station Tibbi, District Hanumangarh, for the offence under Sections 302, 307, 323, 147, 148, 149, 120B IPC and Sections 3(1)(S), 3(2)(V) of SC/ST Act against the order dated 05.09.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act), Case, 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 namely Devi Lal, Charanjeet Singh @ Ranveer Singh & Balkaran Singh have already been enlarged on bail and the case of the present appellant is similar to those of the accused. Counsel further submits that similarly situated co-accused Suba Singh has already been granted bail by the trial court. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor and counsel for respondent No.2 have vehemently 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 05.09.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Act), Case, Hanumangarh is set aside. It is ordered that the accused-appellant Baljeet Singh S/o Harbans Singh, arrested in connection with FIR No.311/2020, Police Station Tibbi, 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.