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Judgment
6 paragraphs · 371 wordsKuldeep Mathur, J
The instant appeal has been filed under Section 14-A(2) SC/ ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.307/2022, registered at Police Station Subhash Nagar, District Bhilwara, for the offences punishable under Sections 376[2][n], 344, 366, 384, 506 of Indian Penal Code and under Sections 3[1][w](i), 3[2][v] of SC/ST Act against the order dated 26.07.2022 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Bhilwara whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. Counsel for the appellant appeared and submits that the injured has already been discharged from the hospital. Accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail.
Learned Public Prosecutor and learned Public Prosecutor as well as learned counsel for the complainant have opposed the prayer for bail.
Heard learned counsel for the appellant and learned public prosecutor and learned counsel for the complainant. Perused the material available on record.
Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 26.07.2022 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Bhilwara is set aside. It is ordered that the accused appellant Surendra Singh S/o Sh. Bhagwat Singh arrested in connection with F.I.R. No.307/2022, registered at Police Station Subhash Nagar, District Bhilwara, shall be released on bail; provided he 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.