Noor Mohammad vs State

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. 36/2019, Police Station Pilibanga, District Hanumangarh for the offences under Sections 306 I.P.C. and Section 3(2)(5) of the SC/ST (Prevention of Atrocities) Act against the order dated 30.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases,

Hanumangarh, 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.

Counsel for the appellant submits that the appeal of the co-accused Dilawar Khan and Gulam Mohammad @ Babbar has been allowed by this Court vide order dated 17.02.2020 and the case of the present appellant is not distinguishable from the case of the co-accused whose appeal has been

allowed by this Court.

Learned Public Prosecutor opposes the appeal.

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 30.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Hanumangarh is set aside. It is ordered that the accused-appellant Noor Mohammad S/o Elahi Bux arrested in connection with F.I.R. No.

36/2019 Police Station Pilibanga District Hanumangarh 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.