Harnek Singh S/o. Shri Wazir Singh v. State, Through P. P.
2020-06-01
MANOJ KUMAR GARG
body2020
DigiLaw.ai
JUDGMENT : 1. Heard learned counsel for the appellant and the learned Public Prosecutor and perused the material available on record. 2. The instant appeal has been filed under Section 14A of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.11/2020, Police Station Goluwala, District Hanumangarh for the offences under Sections 376 IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act against the order dated 27.05.2020 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 3. It has been submitted on behalf of the appellant that compromise has arrived at between the parties, which reflects from the rejection order of the trial court itself. The prosecutrix is aged about 38 years. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. 4. Learned Public Prosecutor has opposed the prayer for bail. 5. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside. 6. Consequently, the instant appeal is allowed. The impugned order dated 27.05.2020 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh is set aside. It is ordered that the accused-appellant Harnek Singh S/o Shri Wazir Singh arrested in connection with FIR F.I.R. No.11/2020, Police Station Goluwala, District Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and one surety bond of Rs.50,000/- 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.