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Judgment
Heard learned counsel for the appellants and learned Public Prosecutor as well as learned counsel for the complainant. Perused the material available on record.
This appeal has been preferred on behalf of the appellants under Section 14(1) of the SC/ST (Prevention of Atrocities) Act being aggrieved of the order dated 6.5.2017 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner, in Cr.Misc. Case No.662/2017 rejecting the bail application preferred on behalf of the appellants who are in custody in connection with F.I.R. No.107/2017, registered at Police Station Kotgate, District Bikaner for the offences under Sections 307, 341, 323, 147, 148 &
149 IPC and Section 3(1)(10)(2)(5) of the SC/ST (Prevention of
Atrocities) Act.
Similarly situated co-accused Harish has been enlarged on
bail. The specific allegation of causing the grievous life threatening injury to Dilip is against the co-accused Rampratap.
In this background and 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 6.5.2017 is set aside. It is ordered that the accused-appellants (1) Pawan Kumar and (2) Muni Ram arrested in connection with F.I.R.
No.107/2017, registered at Police Station Kotgate, District Bikaner 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.
