Mahendra vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

Despite service, nobody has appeared on behalf of the respondent No.2.

The report of information and service of appeal is produced by learned Public Prosecutor, the same is taken on record.

The instant appeal has been filed under Section 14A of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 250/2021, Police Station Khinvsar, District Nagaur for the offences under Sections 302/34 of I.P.C. and Section 3(2)(VA)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 20.10.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, 1989, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

The earlier appeal was rejected vide order dated 02.02.2022 with liberty to file a fresh appeal after the statement of material witnesses are recorded before the trial court.

It is submitted by learned counsel for the appellant that after rejection of the first appeal of the petitioner, appeal preferred by co-accused Sohan Ram has been allowed by a co-ordinate Bench of this court on 10.01.2023. He further submits that even as per the statement of Smt. Lichma, the allegation levelled against the petitioner is similar to the one against Sohan Ram. He, therefore, submits that the present case is not distinguishable than from the case of Smt. Lichma and Laxman Ram.

Learned Public Prosecutor vehemently opposes the arguments advanced by learned counsel for the petitioner.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 20.10.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, 1989 is set aside. It is ordered that the accused-appellant Mahendra S/o Shankar Lal arrested in connection with F.I.R. No. 250/2021, Police Station Khinvsar, District Nagaur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.