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Judgment
Vinit Kumar Mathur, J
Learned Public Prosecutor has submitted a report which shows that notice/ intimation about pendency of the present appeal has been served upon the complainant. But despite service, nobody is present on behalf of the complainant.
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.204/2017, Police Station Jainarain Vyas Colony District Bikaner for the offences under Sections 450, 307, 394, 397 of IPC and Section 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 13.09.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner 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 the after rejection of the earlier appeal of the appellant by this court vide order dated 18.07.2018, six prosecution witnesses have been examined before the trial court including injured PW1 Saroj. Learned counsel for the appellant submits that the appellant is suffering the incarceration since 31.08.2017. The victim Saroj in this case who suffered has been discharged from the hospital. Therefore, they may also be enlarged on bail.
Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, I am of the opinion that the appellants deserve to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned order dated 13.09.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner is set aside. It is ordered that the accused-appellant Maqsud S/o Sh. Gulam Hussain arrested in connection with FIR No.204/2017, Police Station Jainarain Vyas Colony District Bikaner 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) 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.