Sher Singh and Others vs State of Rajasthan

Vinit Kumar Mathur, J

The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act, 1989 on behalf of the appellants, who are in custody in

connection with F.I.R. No. 16/2020, Police Station Panchu, District Bikaner for the offence under Sections 341, 342, 323, 355 & 143 of I.P.C. and

Section 3(1)(D)(E)(R)(S) of the SC/ST (Prevention of Atrocities) Act against the order dated 03.03.2020 passed by the Special Judge, SC/ST

(Prevention of Atrocities Act) Cases, Bikaner, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was

rejected.

Heard. Perused the material available on record.

It is submitted on behalf of the appellants that the co-accused Om Prakash, Chotu Singh, Bhawani Singh & Chailu Singh have already been granted

bail by this Court vide orders dated 03.03.2020 and 25.02.2020 respectively. The case of the present appellants is not distinguishable from the case of

the co-accused who have already been released on bail by this Court. Therefore he prays that the appellants may be enlarged on bail.

The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present appellants vis-a-vis the case of the

co-accused persons who have been enlarged on bail.

Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the

case of the present appellants is identical to co-accused aforesaid who have been enlarged on bail by this Court, this Court is of the opinion that the

appellants deserve to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 03.03.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities

Act) Cases, Bikaner is set aside. It is ordered that the accused-appellants (1)Sher Singh S/o Indra Singh, (2)Ranveer @ Raju Singh S/o Maan Singh,

(3)Narayan Singh S/o Jeevraj Singh, & (4)Narendra Singh S/o Bhanwar Singh arrested in connection with F.I.R. No. 16/2020, Police Station Panchu,

District Bikaner shall be released on bail; provided each of them 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.