Manju And Others vs State Of Rajasthan And Others

Manoj Kumar Garg, J

Heard learned counsel for the appellants, learned Public Prosecutor and perused the material available on record.

The instant appeal has been filed under Section 14A of SC/ST Act on behalf of the appellants, who are apprehending their arrest in connection with FIR No.172/2023, Police Station Osian, District Jodhpur for the offences under Sections 143, 447, 341, 427, 323, 324, 325, 308 of IPC and Sections 3(1) (s) and 3(2)(va) of SC/ST Act and against the order dated 31.08.2023 passed by learned Special Judge SC/ST Cases, Jodhpur whereby the bail application preferred under Section 438 Cr.P.C. on behalf of the appellants was rejected.

It has been submitted on behalf of the appellants that the main allegation for inflicting injuries are against Gopal Giri, Pappu Giri and Ravindra Giri and they have already been arrested and regular bail has been granted to them. He further submits that no specific allegation has been made against the appellants and according to the statement of all the injured, they mentioned in their statements that ladies alongwith other accused came there and no specific name has been taken by any injured. Counsel further submits that cross cases were also registered against the complainant party. Therefore, no useful purpose would be served by sending the appellants behind the bars for indefinite time. Therefore, the benefit of bail should be granted to the accused-appellants.

Learned Public Prosecutor 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 31.08.2023 passed by learned Special Judge SC/ST Cases, Jodhpur is set aside. It is ordered that the accused-appellants (1) Manju W/o Rajugiri, (2) Bhanwari W/o Shri Gumangiri & (3) Kamla W/o Shri Omgiri in connection with FIR No.172/2023, Police Station Osian, District Jodhpur, the appellants shall be released on bail; provided they furnish a personal bond in the sum of Rs.1,00,000/- each along with two sureties of Rs.50,000/- each to the satisfaction of the concerned Investigating Officer/S.H.O. on the following conditions :-

(i). that the appellants shall make himself/herself/themselves available for interrogation by a police officer as and when required;

(ii). that the appellant/s 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/s shall not leave India without previous permission of the court.