Bhanu Pratap Singh @ Bablu Singh And Others vs State Of Rajasthan And Others

Manoj 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 appellants, who are in custody in connection with F.I.R. No.15/2023, Police Station Ratangarh GRP, District Churu for the offence under Sections 34, 323, 332, 353, & 506 of IPC and Sections 3(2)(VA) of SC/ST Act against the order dated 30.10.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Churu whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

Counsel for the appellants submits that the offences except Section 3(2)(VA) of SC/ST Act, are triable by magistrate. The accused-appellants are 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 appellants on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellants.

Learned Public Prosecutor has 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 appellants, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned order dated 30.10.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Churu is set aside. It is ordered that the accused-appellant (1) Bhanu Pratap Singh @ Bablu Singh S/o Shri Sawai Singh, (2) Shreeram S/o Santosh Kumar and (3) Ashok Dan Charan S/o Sawai Dan Charan arrested in connection with F.I.R. No.15/2023, Police Station Ratangarh GRP, District Churu shall be released on bail; provided they furnish personal bond of Rs. 1,00,000/-each 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.