Khetdan And Ors vs State Of Rajasthan And Ors

Heard learned counsel for the appellants and learned public prosecutor. Perused the material available on record.

The instant appeal has been filed under Section 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on behalf of the

appellants, who are in custody in connection with FIR No.69/2021, Police Station Suratgarh City, Distt. Sri Ganganagar for the offence under Section

365, 458, 323, 147, 149 IPC and Section 3(2)(V)(Va) of SC/ST (Prevention of Atrocities) Act, against the order dated 08.04.2021 passed by the

learned Special Judge SC/ST (Prevention of Atrocities) Cases, Sri Ganganagar (Link Officer Addl. Sessions Judge No.2, Sri Ganganagar) in Criminal

Misc. Case No.124/2021 whereby, the bail application preferred on behalf of the appellants under Section 439 Cr.P.C. was rejected.

Learned counsel for the appellants submits that the appellants have not committed the offences as alleged against them and they are innocent. The

learned court below has grossly erred in law and facts as well as in declining to release the appellants on bail. Furthermore, similarly situated co-

accused have already been granted bail by this Court.

Learned Public Prosecutor has opposed the prayer for bail.

Having regard to the entirety of facts and circumstances of the case 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 08.04.2021 passed by the Special Judge SC/ST (Prevention of Atrocities)

Cases, Sri Ganganagar (Link Officer Addl. Sessions Judge No.2, Sri Ganganagar) is set aside. It is ordered that the accused-appellants 1)

Khetdan S/o Sh. Ganesh Dan and (2) Pappu Dan S/o Sh. Kalu Dan shall be released on bail in FIR No. 69/2021, P.S. Suratgarh City, Distt. Sri

Ganganagar provided he furnishes 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.