Tariq vs State Of Rajasthan And Others

Manoj Kumar Garg, J

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

The instant appeal has been filed under Section 14A of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.255/2021, Police Station Garhi, District Banswara for the offences under Sections 148, 307, 302, 295(A)\ & 153(A) IPC and Sections 3(1)(r), 3(1)(S) and 3(2)(va) of SC/ST (Prevention of Atrocity) Act and against the order dated 03.02.2024 passed by learned Special Judge SC/ST (Prevention of Atrocity Cases), Banswara whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

It has been submitted on behalf of the appellant that similar situated co-accused Shahrukh Khan, Sharafat, Mustafa Khan, Albux, Sakir Hussain, Bilal & Javed Mohd. have already been enlarged on bail and the case of present accused is not distinguishable from that of co-accused. Counsel further submits that injured witnesses have turned hostile. The 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.

Learned Public Prosecutor opposed the prayer for bail. 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 03.02.2024 passed by learned Special Judge SC/ST (Prevention of Atrocity Cases), Banswara is set aside. It is ordered that the accused-appellant Tariq S/o Basir Mohd arrested in connection with FIR No.255/2021, Police Station Garhi, District Banswara shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two sureties bond of Rs.50,000/- 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.