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2022 DIGILAW 1480 (RAJ)

Ajay Kumar v. State Of Rajasthan

2022-05-09

MANOJ KUMAR GARG

body2022
JUDGMENT Manoj Kumar Garg, J. - Heard learned counsel for the appellant as well as learned learned public prosecutor and learned counsel for the complainant. Perused the material available on record. 2. The instant appeal has been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.184/2020, P.S. arakshi Kendra Sangaria, Distt. Hanumangarh for the offences under Sections 302/34-201 of IPC and Section 3(1)(S)(2)(Va) of SC/ST act, against the order dated 03.02.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Hanumangarh in Criminal Misc. Case No.19/2022 (CIS No.19/2022) whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected. 3. Learned counsel for the appellant submits that co-accused Manoj Kumar has already been granted bail by coordinate Bench of this Court and case of the appellant is similar to that of the co-accused. It is also submitted that the complainant-Indra Devi has been examined in the trial court as PW-1 and she has not named the present appellant. The appellant is in judicial custody since 25.04.2020 and trial of the case will take a sufficient long time. In these circumstances, the appellant may be released on bail. 4. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the prayer for bail. 5. Having regard to the entirety of facts and circumstances of the case 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 03.02.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Hanumangarh is set aside. It is ordered that the accused appellant ajay Kumar S/o Jag Ram shall be released on bail in FIR No.184/2020, P.S. arakshi Kendra Sangaria, Distt. Hanumangarh provided he/she/each of them furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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.