SANDEEP Vs. STATE

JUDGEMENT

(1.) These four appeals, under Sec. 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act of 1989'), are preferred by appellants to assail impugned orders dtd. 26/7/2021, 28/10/2021 and 30/10/2021, passed by Special Court, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Sriganganagar (for short, 'learned trial Court') rejecting their bail applications.

(2.) Complainant lodged FIR against appellants at Police Station Nai Mandi, Gharsana, District Sriganganagar, attributing offences under Ss. 307, 341, 323, 324, 325, 326, 147, 148 and 149 IPC and Sec. 3(2)(v) of the Act of 1989.

(3.) It is submitted by learned counsel for the appellants that though, the allegation of causing head injury is against Mukadar Ali is there by gandasi while lathi has been recovered at his instance. Learned Senior Counsel further submits that the allegation of causing head injury is against Sikander Ali but he was juvenile as he was below 18 years of age on the date of incident. Learned Senior Counsel also submits that that Sikander Ali should not have been charge-sheeted before the regular Court as per the provisions of the Juvenile Justice Act, 2015 and his trial is to be conducted before the Juvenile Justice Board. It is further submitted that omnibus allegations have been levelled against other appellants and their case is at par with case of co-accused Radheyshyam, Naresh Kumar, Bhupendra, Akashdeep and Veerpal Singh @ Vijay Kumar, who have already been granted indulgence of bail by this Court. Lastly, learned Senior Counsel submits that appellants having no criminal antecedents and trial could not be concluded within a short span of time, therefore, indulgence of bail may be granted to them.