Kishore Kumar S/o Shri Pratap Chand vs State of Rajasthan

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)

SC/ST (PA) Act on behalf of the appellants, who are in custody in

connection with F.I.R. No.88/2017, Police Station Bhinmal for the

offences under Sections 341, 323, 325 / 34 IPC and Section 3(1)(r)

(s) and 3(2)(va) of the SC/ST (PA) Act against the order dated

28.3.2017 passed by the learned Special Sessions Judge, SC/ST

(PA) Cases, Jalore whereby, the bail application preferred under

Section 439 Cr.P.C. on behalf of the appellants was rejected.

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

appellants deserve to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned

order dated 28.3.2017 passed by the Special Sessions Judge,

SC/ST (PA) Cases, Jalore is set aside. It is ordered that the

accused-appellants, Kishore Kumar and Nirmal Kumar arrested in

connection with F.I.R. No.88/2017, Police Station Bhinmal shall be

released on bail; provided each of them 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.