Kishore Bharti vs State, Through P.p.

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. 70/2018, Police Station Khinvsar, District Nagaur for the offences under Sections 302, 460, 325, 307, 392, 201/34 of I.P.C. and Section 3(2)(v)(va) of the SC/ST (Prevention of Atrocities) Act against the order dated 26/09/2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta, whereby, the bail application preferred under Section 439 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 Subhash @ Bhiyaram PW.1 who is said to have informed injured Dinesh PW.2, the name of the present appellant being involved in the present case has not stated anything about the present appellant. As per the statement of PW.2 Dinesh who is said to have informed the name of the present appellant by Subhash @ Bhiya Ram PW.1 has not supported the prosecution story and thus has been declared hostile.

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 26/09/2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta is set aside. It is ordered that the accused-appellant Kishore Bharti S/o Shri Madan Bharti arrested in connection with F.I.R. No. 70/2018, Police Station Khinvsar, District Nagaur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.