SIDHANT SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned Public Prosecutor and perused the material available on record. The instant second criminal appeal has been filed under Sec. 14A (2) of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.245/2022, Police Station Sadar, District Sriganganagar for the offences under Ss. 147, 148, 458/149, 341, 323/149, 427/149, 302/149 IPC and Sec. 3(1)(r), 3(1)(s) and 3(2)(V)of SC/ST (Prevention of Atrocity) Act and against the order dtd. 10/4/2023 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), Sriganganagar whereby the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected. The first appeal was dismissed by this Court vide order dtd. 9/9/2022.

(2.) Counsel for the appellant submits that now Karamjeet Singh has been examined in the Court as PW-9. Counsel further submits that similarly situated co-accused Yogesh and Gagandeep both have been granted bail by the Co-ordinate Bench of this Court. He further submits that the specific allegation for inflicting injuries has been made against co-accused Ajay Kumar. The accused-appellant is in judicial custody since 2/7/2022 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 Addl. G.A. has 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.

(3.) Consequently, the instant criminal second appeal is allowed. The impugned order dtd. 10/4/2023 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases) Sriganganagar, is set aside. It is ordered that the accused-appellant Sidhant Sharma S/o Shri Inder Kumar arrested in connection with FIR No.245/2022, Police Station Sadar, District Sriganganagar shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000.00 and two surety bonds of Rs.50,000.00 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.