Tejbhan @ Teju S/O Leedhar vs State And Others

Vinit Kumar Mathur, J

Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona

virus (COVID-19).

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.140/2020, Police Station Gamoodwali, District Sriganganagar for the offences under Sections 302/34 of I.P.C. and Section

3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 20/10/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Sriganganagar, 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 material witnesses i.e. PW.1 Ravindra, PW.2 Sumitra, PW.3 Mahendra Kumar, PW4 Lalita

(complainant), PW.5 Mukesh and other five witnesses have been examined before learned trial Court and they have not supported the prosecution

case and, therefore, they have been declared hostile. He further submits that co-accused Kuldeep has been enlarged on bail by a coordinate bench of

this Court vide order dated 12/01/2022.

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 20/10/2021 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Sriganganagar is set aside. It is ordered that the accused-appellant Tejbhan @ Teju S/o Leedhar arrested in connection with F.I.R. No.

140/2020, Police Station Gamoodwali, District Sriganganagar 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.