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2022 DIGILAW 705 (RAJ)

Ankit Kumar v. State Of Rajasthan

2022-03-02

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.351/2021, Police Station Sadar, Bikaner for the offences under Sections 363, 366 of IPC, Section 3(2)(Va) of SC/ST (Prevention of atrocities) act and Sections 84, 85 of J.J. act, against the order dated 07.02.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases & additional Sessions Judge, Bikaner in Criminal Misc. Bail application No. CIS- 269/2022 whereby the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected. 3. Learned counsel for the appellant as well as learned counsel for the complainant submit that after investigation, the police is going to file challan against the petitioner for offence under Sections 363, 366 of IPC, Section 3(2)(Va) of SC/ST (Prevention of atrocities) act and Sections 84, 85 of J.J. act but the parties have already entered into a compromise and no investigation is pending. In these circumstances, the petitioner may be enlarged on bail. 4. Learned Public Prosecutor has opposed the prayer for bail. 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. 5. Consequently, the instant appeal is allowed. The impugned order dated 07.02.2022 passed by the Special Judge SC/ST (Prevention of atrocities) Cases & additional Sessions Judge, Bikaner is set aside. It is ordered that the accused appellant ankit Kumar S/o Shri Piyarelal shall be released on bail in FIR No.351/2021, Police Station Sadar, Bikaner provided he 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.