Mohammed Sahil S/o Shri Hakil Ullah v. State of Rajasthan
2023-09-06
KULDEEP MATHUR
body2023
DigiLaw.ai
JUDGMENT : KULDEEP MATHUR, J. 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. 566/2023 registered at Police Station Pratapnagar (Bhilwara), District Bhilwara for the offences under Sections 341, 327 and 307 IPC and Section 3(1) (S), 3(1)(S) and 3(2)(V) of SC/ST Act. 2. Heard learned counsel for the appellant and Public Prosecutor for the State. Perused the material available on record. 3. Drawing attention of this Court towards the injury report of the injured persons namely Raj and Suresh, learned counsel for the appellant submitted that injuries allegedly inflicted by the petitioner upon above-named injured persons are simple in nature. Learned counsel submitted that challan against the appellant has already been filed. No fruitful purpose would be served by keeping the appellant who is aged about 20 years behinds the bars for an indefinite period. 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 so also the fact that the injuries allegedly inflicted by the petitioner upon injured persons are simple in nature and the appellant who is aged about 20 years, the appellant is in judicial custody since 12.07.2023, 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 31.08.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), District Bhilwara is set aside. It is ordered that the accused-appellant-Mohammed Sahil S/o Sh. Hakil Ullah arrested in connection with FIR No. 566/2023 registered at Police Station Pratapnagar (Bhilwara), District Bhilwara 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.