Deepak And Ors vs State of Rajasthan

Lawyers are abstaining from work in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-

19).

The instant appeal (second bail application) has been filed under Section 14A(2) of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the

appellants, who are in custody in connection with F.I.R. No. 368/2019, Police Station Kotwali, Dungarpur for the offences under Sections 341 &

302/34 of I.P.C. and Section 3(2)(V) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 04.03.2020 passed by the Special Judge,

S.C./S.T. (Prevention of Atrocities) Act Cases, Dungarpur whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the

appellants was rejected.

 I have gone through the order impugned as well as pleadings in the appeal.

After rejection of the earlier appeal (first bail application) of the appellants on 22.01.2020, 10 witnesses have been examined by the trial court. All the

material prosecution witnesses including P.W. 3 â€" Smt. Sharda (mother of the deceased), P.W. 4 â€" Amit (brother of the deceased) and P.W. 5

â€" Ramesh (father of the deceased) have not supported the prosecution story and thus, have been declared hostile.

Mr. Gaurav Singh, learned Public Prosecutor opposes the bail.

Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus

(COVID-19), in particular the jails, this Court deems it just and proper to release the appellants on bail.

Consequently, the instant appeal (second bail application) is allowed. The impugned Order dated 04.03.2020 passed by the Special Judge, S.C./S.T.

(Prevention of Atrocities) Act Cases, Dungarpur is set aside. It is ordered that the accused-appellants (1) Deepak S/o Late Naresh Prajapat and (2)

Harish Prajapat S/o Late Raman Lal Prajapat arrested in connection with F.I.R. No. 368/2019, Police Station Kotwali, Dungarpur shall be released on

bail provided each of them furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty

Five Thousand Only) 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.