SANJAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the material available on record. The instant appeal has been filed under Sec. 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.90/2023 registered at Police Station Bhirani District Hanumangarh for the offences under Ss. 302, 34 of IPC and Ss. 3(2)(v) of SC/ST Act against the order dtd. 15/5/2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh whereby, the bail application preferred under Sec. 439 Cr.P.C. on behalf of the appellant was rejected.

(2.) Counsel for the appellant submits that similarly situated co-accused person Mahendra has already been enlarged on bail by this Court and the case of the present appellant is similar to that of the co-accused person. Counsel further submits that the material witnesses namely Pooja, Suresh @ Sukhram and Balveer have been examined before the trial court as PW-1, PW-2 and PW-3 respectively and they have been declared hostile. There is no connecting evidence against the present appellant. The accused-appellant is in judicial custody since 18/3/2023 and the trial of the case will take sufficient long time to be concluded. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant. Learned Public Prosecutor 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 appeal is allowed. The impugned order dtd. 15/5/2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh is set aside. It is ordered that the accused-appellant Sanjay @ Sanjeev @ Bittu S/o Om Prakash, arrested in connection with FIR 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.