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Neetu @ Jagpreet Singh vs State

Rajasthan High Court · Decided on 1 June 2020 · Citation: (2020) 06 RAJ CK 0003

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Scheduled Caste And Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(1)(S), 3(2)(VA), 14A · Indian Penal Code, 1860 — Section 323, 326, 341, 453 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 470 Of 2020
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Judgment

5 paragraphs · 336 words

The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.212/2020, Police Station Sangariya, Distt. Hanumangarh for the offences under Sections 341, 323 453 & 326 of IPC and Sections 3(1)(S), 3(2)(VA) of SC/ ST Act against the order dated 26.05.2020 passed by the 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 appeared through video call and submits that the accused-appellant is 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- appellant. The learned court below has grossly erred in law and facts as well as well in declining to release the appellant on bail.

Learned Public Prosecutor has opposed the prayer for bail. Heard learned counsel for the appellant and learned public prosecutor and also perused the material available on record.

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 26.05.2020 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Hanumangarh is set aside. It is ordered that the accused appellant Neetu @ Jagpreet Singh S/o Shri Nikka Singh arrested in connection with FIR No.212/2020, Police Station Sangariya, Distt. Hanumangarh shall be released on bail; provided he 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.