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Judgment
28 paragraphs · 274 wordsHeard learned counsel for the appellant and learned Public
Prosecutor as well as learned counsel for the complainant. Perused
the material available on record.
This appeal has been preferred on behalf of the appellant
under Section 14A of the SC/ST (Prevention of Atrocities) Act
being aggrieved of the order dated 20.4.2017 passed by learned
Special Judge, SC/ST (Prevention of Atrocity) Cases, Merta, in
Cr.Misc. Case No.190/2017 rejecting the bail application preferred
on behalf of the appellant who is in custody in connection with FIR
No.59/2017, Police Station Kuchera, District Nagaur, for the
offences under Section 341, 323, 325 and 308 IPC and Section
3(1)(R)(S) and 3(2)(VA) of SC/ST (Prevention of Atrocities) Act.
The appellant is in judicial custody for the above offences.
The injured Mangla Ram has filed an affidavit of compromise in
favour of the appellant through his counsel Mr.S.S. Shaktawat.
In this background and 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 appellant is entitled to be released on bail.
Consequently, the appeal is allowed. The order dated
20.4.2017 is set aside. It is ordered that the accused-appellant
Kailash Singh arrested in connection with FIR No.59/2017, Police
Station Kuchera, District Nagaur 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.
