Raish Khan vs State, Through Pp

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.212/2019, Police Station Rajeev Gandhi Nagar, District Jodhpur for the offences under Sections 323, 341, 336, 354 (B), 143 of IPC and section 3 (1)(R)(S) and Section 3(2)(VA) of the SC/ST (Prevention of Atrocities) Act against the order dated 18.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur 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 counsel for the appellant that coaccused Bhur Kha, Ramjan Kha and Mujibar Kha @ Saddam have already been enlarged on bail by this court vide order dated 16.01.2020 and the case of the present appellant is not distinguishable from the co-accused persons who have already been enlarged on bail.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 18.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Raish Khan S/o Shri Mohammad Khan arrested in connection with F.I.R. No.212/2019, Police Station Rajeev Gandhi Nagar, District Jodhpur 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.