The main legal point established is that the court may grant bail under the SC/ST Act when the injured witness turns hostile and does not support the prosecution story, making it difficult for the prosecution to prove the appellant's guilt.

JUDGMENT

1. This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as the SC/ST Act) has been filed on behalf of the appellant being aggrieved with the order dated 04.02.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Hanumangarh (hereinafter to be referred as trial court) in Criminal Misc. (Bail) Case No. 17/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant.

2. The appellant has been arrested in FIR No. 341/2018 of Police Station Pilibanga, Distt. Hanumangarh for the offences punishable under Sections 307, 326, 324 IPC and Section 3(2) (VA), 3(2)(V) of SC/ST Act.

3. Learned counsel for the appellant has submitted that after rejection of the first appeal of the appellant, the statement of the injured witness Jagbeer PW-1 has been recorded before the trial court on 04.02.2019 wherein he has not supported the prosecution story and turned hostile and specifically stated that he is not aware who had inflicted injury on his head. It is further submitted that in view of the fact that the sole injured witness has not supported the prosecution story, it is very difficult for the prosecution to prove the guilt of the appellant before the trial court.

4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

5. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act.

7. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 04.02.2019 passed by the trial court in Criminal Misc. (Bail) Case No. 17/2019 is set aside. It is directed that appellant - Budh Ram S/o Sharwan Ram shall be released on bail in connection with FIR No. 341/2018 of Police Station Pilibanga, Distt. Hanumangarh provided he executes a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.