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2023 DIGILAW 1682 (RAJ)

Jagjeet Singh @ Jeeta S/o. Gurdev Singh v. State of Rajasthan, Through PP

2023-09-06

KULDEEP MATHUR

body2023
JUDGMENT : 1. The instant appeal has been filed under Section 14(A) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.312/2020 registered at Police Station Tibbi, District Hanumangarh for the offences under Sections 307, 195, 450, 143 and 120B IPC and Section 3(1) (S), 3(2)(V), 3(2)(Va) of SC/ST Act. 2. Heard learned counsel for the appellant and Public Prosecutor for the State. Perused the material available on record. 3. Learned counsel for the appellant submitted that the specific allegation of firing has been levelled against accused Baldev Singh. Drawing attention of this Court towards the FIR, learned counsel submitted that no specific role has been assigned to the present appellant. Learned counsel further submitted that co-accused persons namely Rakesh Kumar, Subba Singh, Dhanna Singh and Baljeet Singh have already been enlarged on bail by a coordinate Bench of this Court vide orders dated 22.08.2023 and 01.09.2023, passed in S.B.CRLMB Nos.10228/2023 and 1748/2023 respectively. Learned counsel submitted that the case of the appellant is not distinguishable from that of above-named co-accused who have already been enlarged on bail by a coordinate Bench of this Court. Learned counsel submitted that the appellant is in judicial custody since long and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel prayed that benefit of bail may be extended to the appellant. 4. Per contra, learned Public Prosecutor vehemently opposed the bail application. 5. Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced, without commenting on the merits of the case, this Court deems it proper to enlarge the appellant on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 12.07.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), District Hanumangarh is set aside. It is ordered that the accused-appellant - Jagjeet Singh @ Jeeta S/o Gurdev Singh arrested in connection with FIR No.312/2020 registered at Police Station Tibbi, District Hanumangarh shall be released on bail, if not wanted in any other case, provided him furnish a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned lower Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.