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2019 DIGILAW 332 (RAJ)

Harvindra Singh v. State of Rajasthan, Through PP

2019-01-29

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 11.01.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh (hereinafter to be referred as trial court) in Criminal Misc. (Bail) Case No. 11/2019, whereby, the trial court has dismissed the bail application filed on behalf of the appellants. 2. The appellants have been arrested in FIR No. 182/2018 of Police Station Tibbi, Hanumangarh for the offences punishable under Sections 447, 323, 326, 336, 34 of IPC and Sections 3(1)(S) of SC/ST Act & Section 27 of Arms Act. 3. Learned counsel for the appellants has submitted that after rejection of the first bail application of the appellants, charge sheet has been filed in the matter and hearing of the appeal will take time. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant 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 appellant under Section 14-A(2) of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 11.01.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh in Criminal Misc. (Bail) Case No. 11/2019 is set aside. It is directed that appellants Harvindra Singh S/o Gajan Singh and Kamalpreet Singh S/o Harcharan Singh shall be released on bail in connection with FIR No. 182/2018 of Police Station Tibbi, 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.