Mangal Singh vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal has been filed under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.121/2022 registered at Police Station Mt. Abu, District Sirohi, for the offences under Sections 306 of IPC and Section 3(2)(v) of SC/ST Act.

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

Learned counsel for the appellant submits that there is no prima facie evidence available on record to prove the involvement of the appellant in the abetment of suicide of the deceased. Challan has already been filed. The appellant is in judicial custody since long and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel submits that benefit of bail may be extended to the appellant.

Per contra, learned Public Prosecutor and learned counsel appearing for the complainant vehemently opposed the bail application.

Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced without commenting on the merits of the case, this Court deems it proper to enlarge the appellant on bail.

Consequently, the instant appeal is allowed. The impugned order dated 06.01.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi is set aside. It is ordered that the accused-appellant Mangal Singh S/o Shri Babu Singh arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided him furnish a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned lower Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.