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Judgment
Heard learned counsel for the appellants and learned Public
Prosecutor. Perused the order under challenge.
This appeal has been preferred on behalf of the appellants
under Section 14A(2) of the SC/ST (Prevention of Atrocities)
Amendment Act 2015 being aggrieved of the order dated
18.4.2017 passed by learned Special Judge, SC/ST (Prevention of
Atrocity) Cases, Jodhpur in Cr.Misc. Case No.92/2017 rejecting the
bail application preferred on behalf of the appellants who are in
custody in connection with FIR No.105/2017, Police Station Bilara,
District Jodhpur, for the offences under Sections 147, 148, 341,
325, 354, 452 and 323 / 149 IPC and Sections 3(1)(R)(S) and 3(2)
(VA) of SC/ST (Prevention of Atrocities) Act.
Cross cases have been registered interse between the
parties in relation to the same incident. Omnibus allegations were
levelled by the prosecution witnesses against 13 assailants
including the appellants herein. The injured Kana Ram was
inflicted 4 injuries in all including one grievous one on his leg
which is not specifically attributed to any of the appellants. Other
injured received one superficial injury each in the incident.
Thus, having regard to the facts and circumstances available
on record but without expressing any opinion on the merits of the
case, this Court is of the opinion that the appellants are entitled to
be released on bail.
Consequently, the appeal is allowed. The order dated
18.4.2017 is set aside. It is ordered that the accused-appellants
(1) Guru Meharban Singh and (2) Dharmendra arrested in
connection with FIR No.105/2017, Police Station Bilara, District
Jodhpur shall be released on bail during pendency of the trial;
provided each of them furnishes a personal bond of Rs.50,000/-
and two surety bonds 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.