Neeraj Kumar vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

The notices have been served upon the respondent No.2-complainant. However, despite service, nobody has appeared on behalf of respondent No.2. The report filed by learned Public Prosecutor with respect to the service of notice upon respondent No.2 is taken on record.

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.545/2018, Police Station Pilibanga, District Hanumangarh for the offences under Sections 148, 302, 302/149, 447, 323, 323/149, 307 & 307/149 of IPC and under Sections 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 19.05.2023 passed by the 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.

Heard. Perused the material available on record.

It is submitted by learned Senior counsel for the appellant that the appeal of the co-accused Mukesh has been allowed by a Coordinate Bench of this Court vide order dated 19.10.2023 and the case of the present appellant is not distinguishable from the case of the co-accused Mukesh who has been enlarged on bail. He, therefore, prays that the appeal of the appellant may also be allowed.

Learned Public Prosecutor is not in a position to distinguish the case of the present appellant vis-a-vis the case of the co-accused person who has been enlarged on bail.

Having regard to the entirety of facts and circumstances as available on record and considering the fact that the case of the present appellant is identical to co-accused aforesaid who has been enlarged on bail by a Coordinate Bench of this Court, this Court is of the opinion that the appeal of the appellant deserves to be allowed.

Consequently, the instant appeal is allowed. The impugned order dated 19.05.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh is set aside. It is ordered that the accused-appellant Neeraj Kumar S/o Sh. Gori Shankar arrested in connection with FIR No.545/2018, Police Station Pilibanga, District Hanumangarh 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.