Dungar Ram And Others vs State Of Rajasthan And Others

Farjand Ali, J

The instant appeals have been filed under Section 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.194/2023, Police Station Rajiyasar, District Sri Ganganagar for the offences under Sections 447, 427, 341, 323, 143 of the IPC and Sections 3(2)(g) & 3(2)(VA) of the SC/ST (Prevention of Atrocities) Act, being aggrieved by the order dated 09.11.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar in Criminal Misc. Case No.474/2023, whereby the application under Section 439 of the Cr.P.C. has been rejected by the trial Court.

Despite intimation to the victim/complainant of the case regarding hearing of the bail plea, no one is present on his behalf.

It is submitted by learned counsel for the appellants that the appellants have falsely been implicated in the present case and they have nothing to do with the alleged offences. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping the appellants behind the bars. They, therefore, pray that benefit of bail may be granted to the appellants.

Per contra, learned learned Public Prosecutor has opposed the submissions made by the learned counsel for the appellants.

Heard learned counsel for the appellants, learned Public Prosecutor and perused the material available on record.

Upon consideration of the submission that whether the facts and circumstances of the case and the injuries allegedly received by the victim Buta Singh would bring the case within the ambit of Section 308 of IPC would be a question open to moot. The same could be adjudicated after the parties would lead evidence in the trial. Thus, it would not be justifiable to keep the appellants behind the bar looking to the fact that early culmination of the trial is not a seeming fate. In this background and considering the totality of the facts and circumstances of the case, this Court is of the opinion that the appellants deserve to be enlarged on bail.

Consequently, the instant appeals are allowed. The impugned order is set aside. It is ordered that the accused-appellants, named in the cause title, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs. 50,000/- and two sureties 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.