Suresh Kumar vs State Of Rajasthan, Through P.p.

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.106/2017, Police Station Shiv District Barmer for the offences under Sections 302/34 of IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act against the order dated 25.11.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer, 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 the fatal injury caused to deceased Mohan Ram is assigned to Om Prakash. The incident happened at the spur of the moment and in the heat of passion. There was no premeditation or preparation in the present case. The charge sheet has already been filed in the matter. The appellant is behind the bars for last more than two and half years.

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 25.11.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Barmer is set aside. It is ordered that the accused-appellant Suresh Kumar S/o Banshi Lal arrested in connection with F.I.R. No.106/2017, Police Station Shiv District Barmer 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.