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Judgment
Heard learned counsel for the appellant and learned Public Prosecutor. Perused the factual report of the I.O. and the case diary.
The instant appeal has been filed under Section 14A(2) SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.35/2017, Police Station Sadar, Bhilwara for the offences under Sections 143, 341, 323 IPC, and Section 3(1)(R)(s) of the SC/ST (PA) Act against the order dated 16.3.2017 passed by the Special Judge, SC/ST (PA) Cases, Bhilwara whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
As per the antecedents report placed on record, though ten cases are registered against the petitioner but he has been acquitted in four of them. None of other cases involves the offence under the S.C/S.T. (PA) Act. As per the injury report of the injured complainant, he received a total of four blunt weapon injures in the incident of which two resulted in fracture. However, the allegations of the prosecution against the accused are omnibus in nature. Gopal, Raju @ Udaylal and Dilkhush have been enlarged on bail by the trial court.
In this background and 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 appellant deserves to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned order dated 16.3.2017 passed by the Special Judge, SC/ST (PA) Cases, Bhilwara is set aside. It is ordered that the accused-appellant, Badri arrested in connection with F.I.R. No.35/2017, Police Station Sadar, Bhilwara shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.