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Judgment
6 paragraphs · 339 wordsManoj Kumar Garg, J
Heard the learned counsel for the parties and perused the material available 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.90/2023, Police Station Bhirani, District Hanumangarh for the offences under Sections 302, 34 of IPC, Sections 3(2)(V) & 3(2)(Va) of SC/ST (Prevention of Atrocities) Act against the order dated 20.02.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that so called main eye witnesses namely Pooja and Suresh @ Sukhram have been examined before the trial court as PW-1 & PW-2 respectively and they have been declared hostile. There is no other connecting evidence against the present appellant. The accused-appellant is in judicial custody since 18.03.2023 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-appellant.
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 appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 20.02.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh is set aside. It is ordered that the accused-appellant Mahendra S/o Om Prakash Chandra arrested in connection with FIR No.90/2023, Police Station Bhirani, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and one surety bond of Rs.50,000/- 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.