JP @ Jaiparkash vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Amendment Act on behalf of the appellant, who is in custody in connection with F.I.R. No.184/2023 registered at Police Station Phepana, Dist. Hanumangarh, for the offences under Sections 307, 341, 323, 325, 506, 34 of IPC and Sections 3(2)(va) of the SC and ST (Prevention of Atrocities) Act against the order dated 16.04.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Hanumangarh, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard learned counsel for the parties at Bar and perused the material available on record.

Leaned counsel for the appellant submitted that the co-accused persons namely Salim (S.B. Criminal Appeal (Sb) No.469/2024) and Sonu Kumar (S.B. Criminal Appeal (Sb) No.470/2024) have already been enlarged on bail this Court vide order dated 25.04.2024. Learned counsel further submitted that the case of the present appellant is not worse than than of the co-accused persons who have already been enlarged on bail.

Lastly, learned counsel submitted that the appellant is in Judicial custody and trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail should be granted to the accused-appellant.

Per contra, learned Public Prosecutor has vehemently opposed the prayer for bail. However, he was not in a position to refute the fact that above named co-accused persons have already been enlarged on bail by this Court.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at bar, this Court prima facie finds sufficient force in the arguments of learned counsel for the appellant that the case of the present appellant is not worse than that of the co-accused persons namely Salim and Sonu Kumar who have already been enlarged on bail. Thus, this Court is of the prima facie opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned order dated 16.04.2024 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Hanumangarh is set aside. It is ordered that the accused-appellant Jp @ Jaiparkash S/o Nathu Ram arrested in connection with F.I.R. No.184/2023 registered at Police Station Phepana, Dist. Hanumangarh, shall be released on bail; 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.