Jagdish vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.545/2018, Police Station Pilibanga, District Hanumangarh for the offences under Sections 302, 148, 149, 447, 323 & 307 of I.P.C. and under Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act against the order dated 21.08.2023 passed by the learned Special Judge, SC/ ST (Prevention of Atrocities) Cases, Hanumangarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

It is submitted by learned counsel for the appellant that after rejection of the earlier appeal on 10.11.2021, co-accused Maniram, Palaram and Amar Singh have been enlarged on bail by a Coordinate Bench of this Court vide order dated 23.11.2023. Learned counsel for the appellant further submits that the allegation on co-accused persons Maniram and Palaram was assaulting Chunni Lal with sticks (lathiya). He further submits that even the co-accused Shamsher Khan, who has also been attributed with assaulting Gauri Shankar with sticks has been enlarged on bail. Learned counsel also submits that the case of the present appellant stands on a better footing to the co-accused persons Shamsher Khan, Maniram and Palaram as the allegation against the present appellant is only of doing scuffle with the complainant Hariram (PW-1) as has been stated by the complainant himself in his testimony before the trial Court. The case of the present appellant is not distinguishable from the case of the co-accused persons, who have been enlarged on bail. He, therefore, prays that the appeal of the appellant may be allowed.

Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the present appeal, however, they are unable to distinguish the case of the present appellant from the case of co-accused persons, who have been enlarged on bail.

Having regard to the entirety of facts and circumstances as available on record, upon a consideration of the arguments advanced and considering the fact that the case of the present appellant is identical to co-accused persons aforesaid who have been enlarged on bail by a Coordinate Bench of this Court, this Court is of the opinion that the appeal of the appellant deserves to be allowed.

Consequently, the instant appeal is allowed. The impugned order dated 21.08.2023 passed by the learned Special Judge, SC/ ST (Prevention of Atrocities) Cases, Hanumangarh is set aside. It is ordered that the accused-appellant Jagdish S/o Shri Brijlal arrested in connection with FIR No.545/2018, Police Station Pilibanga, District Hanumangarh shall be released on bail; provided he 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.