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Judgment
Heard learned counsel for the appellant and learned Public
Prosecutor. Perused the order under challenge as well as case
diary.
This appeal has been preferred on behalf of the appellant
under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act
being aggrieved of the order dated 18.4.2017 passed by learned
Special Judge, SC/ST (Prevention of Atrocity) Cases, Bikaner in Cr.
Case No.569/2017 rejecting the bail application preferred on
behalf of the appellant who is in custody in connection with FIR
No.107/2017, Police Station Kotgate, Bikaner, for the offences
under Section 307, 341, 323, 147, 148 and 149 IPC and Section
3(1)(10)(2)(5) of SC/ST (Prevention of Atrocities) Act.
No specific overt act has been assigned to the appellant in
the statement of any of the prosecution witnesses. The grievous
life endangering injury caused to Dilip Singh is specifically
attributed to Rampratap as per the learned P.P.
Having regard to the entirety of 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 appellant is
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-appellant
Harish arrested in connection with FIR No.107/2017, Police Station
Kotgate, Bikaner shall be released on bail during pendency of the
trial; provided he 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.