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Judgment
Heard learned counsel for the appellants and learned Public
Prosecutor as well as learned counsel for the complainant. Perused
the material available on record.
This appeal has been preferred on behalf of the appellants
under Section 14(1) of the SC/ST (Prevention of Atrocities) Act
being aggrieved of the order dated 6.5.2017 passed by learned
Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner, in
Cr.Misc. Case No.662/2017 rejecting the bail application preferred
on behalf of the appellants who are in custody in connection with
F.I.R. No.107/2017, registered at Police Station Kotgate, District
Bikaner for the offences under Sections 307, 341, 323, 147, 148 &
149 IPC and Section 3(1)(10)(2)(5) of the SC/ST (Prevention of
Atrocities) Act.
Similarly situated co-accused Harish has been enlarged on
bail. The specific allegation of causing the grievous life threatening
injury to Dilip is against the co-accused Rampratap.
In this background and having regard to the facts and
circumstances available on record but without expressing any
opinion on the merits of the case, this Court is of the opinion that
the appellants are entitled to be released on bail.
Consequently, the appeal is allowed. The order dated
6.5.2017 is set aside. It is ordered that the accused-appellants (1)
Pawan Kumar and (2) Muni Ram arrested in connection with F.I.R.
No.107/2017, registered at Police Station Kotgate, District Bikaner
shall be released on bail during pendency of the trial; provided
each of them furnishes a personal bond of Rs.50,000/- and two
surety bonds of Rs.25,000/- 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.