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2019 DIGILAW 1786 (RAJ)

Baldev v. State of Rajasthan, Through PP

2019-06-12

ABHAY CHATURVEDI

body2019
JUDGMENT : 1. The instant appeal has been filed under Section 14/14A SC/ST (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with FIR No. 34/2008, Police Station Rawla, District Sri Ganganagar for the offences under Sections 341, 323, 323/34, 325, 325/34, 308, 308/34 IPC and Section 3(1)(X) of the SC/ST (Prevention of Atrocities) Act against the order dated 17.05.2019 passed by the Special Judge, SC/ST Cases, District Sri Ganganagar whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Heard. Perused the material available on record. 3. It is submitted on behalf of the appellant that the appellant is facing trial for the aforesaid offences. The appellant was granted bail by the trial court but he was behind the bars in another case, due to which, he could not appear before the learned trial court on the date so fixed for his appearance. 4. 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. 5. Consequently, the instant appeal is allowed. The impugned order dated 17.05.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, District Sri Ganganagar is set aside. It is ordered that the accused-appellant Baldev S/o Budhram arrested in connection with F.I.R. No. 34/2008 Police Station - Rawla District Sri Ganganagar shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- and two sureties 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.