Madan Lal Khileri And Others vs State Of Rajasthan And Others

Manoj Kumar Garg, J

Heard the learned counsel for the appellants and the learned Public Prosecutor. Perused the material available on record.

The instant appeal has been filed under Section 14A of SC/ST (PA) Act on behalf of the appellants, who are in custody in connection with FIR No.144/2023, Police Station Bidasar, District Churu for the offences under Sections 307, 323, 365, 342, 382, 109, 143 IPC and Sections 3(1)(R), 3(1)(S), 3(2)(Va) of SC/ST (Prevention of Atrocity) Act against the order dated 24.08.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Churu whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

Counsel for the appellants submits that the injured received grievous injuries on his non-vital part of the body and injured has already been discharged from the hospital. The accused-appellants are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellants.

Learned Public Prosecutor has 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 appeal is allowed. The impugned order dated 24.08.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Churu is set aside. It is ordered that the accused-appellants (1) Madan Lal Khileri S/o Girdhari Ram, (2) Mahendra S/o Bhagu Ram, (3) Mahaveer S/o Mangi Lal & (4) Rakesh S/o Girdhari Lal arrested in connection with FIR No.144/2023, Police Station Bidasar, District Churu 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.