OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with C.R. No.90/2023 registered at Police Station Bhirani, District Hanumangarh for the offences punishable under Ss. 302 and 34 of the IPC and Ss. 3(2)(v) and 3(2) (Va) of the SC/ST (Prevention of Atrocities) Act against the order dtd. 2/8/2023 passed by the learned Special Judge, SC/ST Court, Hanumangarh, whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected. Learned counsel for the appellant submits that appellant's daughter Pooja went to meet the deceased after he blackmailed her. While searching Pooja, co-accused persons viz. Mahendra and Sanjay reached at the place of incident, where they found Pooja and deceased in a compromising position and they inflicted injuries to the deceased. Later on, the present appellant also came at the place of incident. Counsel submits that according to the statements of Pooja and other witness Suresh Kumar @ Sukh Ram, a specific allegation has been levelled against co-accused Mahendra and Sanjay. No recovery has been made from possession of the present appellant. Counsel further submits that Pooja has also filed an FIR against the deceased for offence under Ss. 376(2)(N), 363 & 366 of IPC and Sec. 3/4 of POCSO Act in which, offences have been proved against the deceased by the Investigating Officer. Challan of the case has already been presented and no investigation is pending against the appellant. The appellant is in judicial custody since 16/3/2023 and the trial of the case will take sufficiently long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the prayer for bail.

(2.) Heard learned counsel for the parties and also perused the material available on record. 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 since no specific allegation has been levelled against the present appellant for inflicting injuries to the deceased, 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 appeal is allowed. The impugned order dtd. 2/8/2023 passed by the learned Special Judge, SC/ ST Court, Hanumangarh, is set aside. It is ordered that the accused-appellant, Om Prakash S/o Guljari Lal arrested in connection with C.R. No.90/2023 registered at Police Station Bhirani, District Hanumangarh 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.