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Judgment
Vinit Kumar Mathur, J
The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in
connection with FIR No.269/2021, Police Station Padampur District Sri Ganganagar for the offences under Sections 323, 341 of IPC and Section 3(1)
(r)(s), 3(2) (Va) of the SC/ST (Prevention of Atrocities) Act against the order dated 14.01.2022 passed by the Special Judge, SC/ST (Prevention of
Atrocities) Cases, Sri Ganganagar whereby, the bail application preferred under Section 438 Cr.P.C. on behalf of the appellant was rejected.
Heard. Perused the material available on record.
It is submitted by learned counsel for the appellant that the appellant and the complainant are neighbourers and the dispute is with respect to supply of
water in the water channel. It is further contended that the said dispute of water turn is already pending consideration before this court and an interim
order is passed in the writ petition preferred on 03.03.2021. He also submits that the anticipatory bail application is maintainable in the light of the
judgment of Supreme Court in the case of Prithvi Raj Chouhan V/s Union of India reported in (2020) 4 SCC 727.
Learned Public Prosecutor and learned counsel for the complainant vehemently oppose the bail.
Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, 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 14.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities)
Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant Gurdeep Singh S/o Shri Tarsem Singh in connection with FIR
No.269/2021, Police Station Padampur District Sri Ganganagar shall be released on bail; provided he furnishes a personal bond in the sum of
Rs.50,000/-(Rupees: Fifty Thousand Only) along with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of
the concerned Investigating Officer/S.H.O. on the following conditions :-
(i). that the appellant shall make himself available for interrogation by a police officer as and when required;
(ii). that the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the court or any police officer; and
(iii) that the appellant shall not leave India without previous permission of the court.