Jagdish vs State Of Rajasthan And Others

Manoj Kumar Garg, J

Heard the learned counsel for the appellant and the learned Public Prosecutor as well as perused the material available on record.

The instant appeal has been filed under Section 14A (2) of SC/ST (Prevention of Atrocities) Act Cases on behalf of the appellant, who is in custody in connection with FIR No.155/2022, Police Station Gulabpura, District Bhilwara for the offences under Sections 304, 201/34 and 120-B of IPC and against the order dated 30.09.2022 passed by the Special Judge, SC/ST (Prevention of Atrocity Cases), Bhilwara whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Counsel for the appellants submits that the appellant is in custody since 14.04.2022 and no direct allegations has been levelled against him. The trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.

Learned Public Prosecutor 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 30.09.2022 passed by the Special Judge, (Prevention of Atrocity Cases), Bhilwara, is set aside. It is ordered that the accused-appellant Jagdish S/o Lehru Lal arrested in connection with FIR No.155/2022, Police Station Gulabpura, District Bhilwara shall be released on bail; provided he furnish a personal bond of Rs.1,00,000/- 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.