Rakesh Kumar vs State Of Rajasthan And Others

Farjand Ali, J

Despite service of notices, nobody puts in appearance for the complainant.

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.144/2021, Police Station Ghamurwali, District Sri Ganganagar, for the offences under Sections 306 of IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act, being aggrieved by the order dated 03.10.2023 whereby the application under Section 439 of the Cr.P.C. has been rejected by the trial Court.

It is submitted by learned counsel for the appellant that the co-accused of this case Suman has been granted bail and the case of the appellant is not distinguishable in any manner then to her case, therefore, benefit of bail may be granted to the appellant.

Per contra, learned learned Public Prosecutor opposed the bail application.

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

Upon consideration of the submission that the ingredients essential to constitute offence under section 306 of the IPC are not present and taking into account overall facts and circumstances, 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 03.10.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant-Rakesh Kumar S/o Endraj Bhambhu Alias Inderjeet arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties 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.