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Judgment
Heard learned counsel for the appellants and learned Public Prosecutor. Perused the order under challenge.
This appeal has been preferred on behalf of the appellants under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 18.4.2017 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Jodhpur in Cr.Misc. Case No.92/2017 rejecting the bail application preferred on behalf of the appellants who are in custody in connection with FIR No.105/2017, Police Station Bilara, District Jodhpur, for the offences under Sections 147, 148, 341, 325, 354, 452 and 323 / 149 IPC and Sections 3(1)(R)(S) and 3(2)
(VA) of SC/ST (Prevention of Atrocities) Act.
Cross cases have been registered interse between the parties in relation to the same incident. Omnibus allegations were levelled by the prosecution witnesses against 13 assailants including the appellants herein. The injured Kana Ram was inflicted 4 injuries in all including one grievous one on his leg which is not specifically attributed to any of the appellants. Other injured received one superficial injury each in the incident.
Thus, having regard to the facts and circumstances available on record but without expressing any opinion on the merits of the case, this Court is of the opinion that the appellants are entitled to be released on bail.
Consequently, the appeal is allowed. The order dated 18.4.2017 is set aside. It is ordered that the accused-appellants
(1) Guru Meharban Singh and (2) Dharmendra arrested in connection with FIR No.105/2017, Police Station Bilara, District Jodhpur shall be released on bail during pendency of the trial; provided each of them 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.