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Judgment
Kuldeep Mathur, J
Heard learned counsel representing the appellant, learned Public Prosecutor and learned counsel representing the complainant. Perused the material available on record.
This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved by the order dated 24.01.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Churu in Cr. Misc. Case No.134/2022 (CNR No.RJC0010001672023) rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.59/2022, Police Station Sahawa, District Churu, for the offences under Section 307 IPC and Sections 3(1)(r)(s), 3(2)(V) and 3(2)(Va) of the SC/ST Act.
Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel submitted that injuries Nos.1 to 4 allegedly inflicted by the appellant upon the injured are simple in nature. Learned counsel submitted that though injury no.5 is shown to be grievous in nature in the injury report, neither the same is on any vital part nor is dangerous to life. Learned counsel submitted that the appellant is in custody since 23.03.2022; challan has been filed trial of the case is likely to consume sufficient long time. On these grounds, he implored the Court to enlarge the appellant on bail.
Learned Public Prosecutor and learned counsel representing the complainant have vehemently opposed the bail application. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the appellant is entitled to be released on bail.
Consequently, the appeal is allowed. The order dated 24.01.2023 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Churu is set aside. It is ordered that the accused-appellant Rajendra S/o Banwari Lal arrested in connection with FIR No.59/2022, Police Station Sahawa, District Churu shall be released on bail during pendency of the trial; provided he furnishes 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.