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2019 DIGILAW 1010 (RAJ)

Surendra @ Sulendra Kumaer v. State of Rajasthan, Through Its Pp

2019-04-03

VIJAY BISHNOI

body2019
JUDGMENT 1. This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as the SC/ST Act) has been filed on behalf of the appellant being aggrieved with the order dated 18.03.2019 passed by the learned Special Judge, SC/ST Cases, Hanumangarh (hereinafter to be referred as trial court) in Criminal Misc. (Bail) Case No. 50/2019, 49/2019 and 51/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 380/2018 of Police Station Bhadra, District Hanumangarh for the offences punishable under Sections 365, 367, 323/34 and 377 of IPC and under Section 3(2)(5-A) of SC/ST Act. 3. Learned counsel for the appellants have submitted that the complainant PW-3 Ramswaroop and his son PW-1 Radhey Shyam have not supported the prosecution story and turned hostile. It is also submitted that both the witnesses have not supported the prosecution story and turned hostile, it is very difficult for the prosecution to prove the guilt of the appellants. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal. 5. Heard learned counsel for the appellants as well as learned Public Prosecutor and also perused the material on record. 6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellants under Section 14-A(2) of SC/ST Act. 7. Accordingly, these criminal appeals filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 18.03.2019 passed by the learned Special Judge, SC/ST Cases, Hanumangarh in Criminal Misc. (Bail) Case No. 50/2019, 49/2019 and 51/2019 is set aside. It is directed that appellants Surendra @ Sulendra Kumaer S/o Sh. Hari Singh, Pawan Kumar S/o Shri Rajendra Singh, Rajesh Kumar S/o Aatmaram and Rajkumar @ Mafia S/o Shri Shispal shall be released on bail in connection with FIR No. 380/2018 of Police Station Bhadra, District Hanumangarh provided they execute a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. Hari Singh, Pawan Kumar S/o Shri Rajendra Singh, Rajesh Kumar S/o Aatmaram and Rajkumar @ Mafia S/o Shri Shispal shall be released on bail in connection with FIR No. 380/2018 of Police Station Bhadra, District Hanumangarh provided they execute a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.