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Kuldeep Kumar And Others vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 3 October 2023 · Citation: (2023) 10 RAJ CK 0005

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Scheduled Caste And Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(1)(s), 3(2)(va), 14A · Indian Penal Code, 1860 — Section 143, 323, 336, 341, 458, 504, 506 · Arms Act, 1959 — Section 27 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Appeal (SB) No. 1584, 1716 Of 2023
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Judgment

6 paragraphs · 343 words

Manoj Kumar Garg, J

The instant appeals have been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No.176/2023, Police Station Sadar, District Hanumangarh, for the offence under Sections 341, 323, 336, 458, 504, 506, 143, IPC and Section 27 of Arms Act and Sections 3(1)(s), 3(2)(va) of SC/ST Act against the order dated 26.07.2023 passed by learned Special Judge, SC/ST Act Cases, Hanumangarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

Counsel for the appellants submits that similarly situated co-accused namely Arshdeep Singh @ Ashavindra Singh @ Harsh Deep Singh & Ganesha Ram have already been enlarged on bail by a coordinate Bench of this Court and Challan of the case has already been presented. The accused-appellants are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellants.

Learned Public Prosecutor has vehemently opposed the prayer for bail.

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 order rejecting the application for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside.

Consequently, the instant appeals are allowed. The impugned order dated 26.07.2023 passed by learned Special Judge, SC/ST Act Cases, Hanumangarh is set aside. It is ordered that the accused-appellants (1) Kuldeep Kumar S/o Shishpal & (2) Vinod Kumar @ Dara S/o Choturam, arrested in connection with FIR No.176/2023, Police Station Sadar, District Hanumangarh, shall be released on bail; provided each of them 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.