Gopal Giri And Others vs State Of Rajasthan And Others

Manoj Kumar Garg, J

The instant appeal has been filed under Section 14(A) of SC/ST (PA) Act on behalf of the appellants, who are in custody in connection with FIR No.172/2023, Police Station Osian, Jodhpur for the offences under Sections 143, 447, 341, 427, 323, 324, 325, 308 IPC and Sections 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocity) Act against the order dated 19.08.2023 passed by learned Special Judge, SC/ST Cases, Jodhpur whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

Counsel for the appellants submits that there are cross cases between the parties and accused persons also received injuries. Only omnibus allegations have been levelled that all the accused persons caused injuries to the complainant party. No specific averment has been made. The accused-appellants are in judicial custody 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-appellants.

Learned Public Prosecutor and learned counsel for respondent No.2 have vehemently 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 appellants, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned order dated 19.08.2023 passed by learned Special Judge, SC/ST Cases, Jodhpur is set aside. It is ordered that the accused-appellants (1) Gopal Giri S/o Guman Giri, (2) Ravindra Giri S/o Sh. Mohan Giri & (3) Pappu Giri S/o Sh. Gumangiri arrested in connection with FIR No.172/2023, Police Station Osian, Jodhpur shall be released on bail; provided each of them furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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.