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Judgment
6 paragraphs · 327 wordsManoj Kumar Garg, J
The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.110/2023, Police Station Shiv, District Barmer, for the offence under Sections 341, 323, 325, 308 IPC and Sections 3(1)(f)(g), 3(2)(v) of SC/ST Act against the order dated 07.06.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Barmer whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that challan of the case has already been presented and now no investigation is pending. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Counsel further submits that the learned court below has grossly erred in law and facts as well in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor has 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 07.06.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Barmer is set aside. It is ordered that the accused-appellant Bhagwandan S/o Jivandan, arrested in connection with FIR No.110/2023, Police Station Shiv, District Barmer, 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.