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Judgment
The instant appeal has been filed under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in
connection with F.I.R. No. 385/2019, Police Station Sardulshahar, District Sri Ganganagar for the offences under Sections 363, 366-A & 344 of I.P.C.
and Section 3(2)(VA) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 04.02.2020 passed by the Special Judge, S.C./S.T.
(Prevention of Atrocities) Act Cases, Sri Ganganagar whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellants
was rejected.
Heard learned counsel for the appellants and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the appellants submits that as per the statements of the prosecutrix, namely, Mst. “R†and Mst. “Râ€, they had
accompanied the present appellants of their own free will. They had travelled with the present appellants to different places of the country including
Mumbai and stayed in the hotels. In both the statements, they have stated that no wrongful act was committed by the present appellants against their
will. Learned counsel further submits that the charge-sheet in the matter has already been filed and the conclusion of trial will take sufficient long
time. He, therefore, prays that the appellants may be released on bail.
Learned Public Prosecutor opposes the bail.
Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the
appellants are entitled for grant of bail.
Consequently, the instant appeal is allowed. The impugned Order dated 04.02.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities)
Act Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellants (1) Sonu @ Vedprakash S/o Rajkumar and (2) Dulichand @ Soma
S/o Sohanlal arrested in connection with F.I.R. No. 385/2019, Police Station Sardulshahar, District Sri Ganganagar 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.