The court's decision was influenced by the consideration of the appellants deserving bail based on the entirety of facts and circumstances available on record.

JUDGMENT

Sandeep Mehta, J. - Heard learned counsel for the appellants, learned Public Prosecutor and perused the material available on record.

2. The instant appeal has been filed under Section 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with F.I.R. No.129/2020 registered at the Police Station Rajiyasar, District Sri Ganganagar for the offences under Sections 308, 382, 341, 323, 325, 427, 147, 149 IPC and Section 3(2)(V)(Va) of the SC/ST Act, against the order dated 05.02.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar in Criminal Misc. Case No.49/2021, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

3. Learned Public Prosecutor has placed on record the proof of service of notice upon the respondent-complainant, but no one has appeared to oppose the appeal on his behalf. As per the Parcha Bayan of the complainant Het Ram recorded by a police officer of the Police Station Rajiyasar at the CHC, Suratgarh, omnibus allegations of assault and beating by blunt weapons are attributed to the appellants herein, Kaluram, Anil Barupal, Sunil Tikuram, Rajesh Kumar Bhambu, Jagdish, Sunil, Sachin Gila and Ranjeet Moondh etc., all of whom have been enlarged on bail. The case of the present appellants is in no manner distinguishable from that of the co-accused persons enlarged on bail.

4. In this background and having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the appellants deserve indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellants cannot be sustained.

5. Consequently, the instant appeal is allowed. The impugned order dated 05.02.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar in Criminal Misc. Case No.49/2021 is set aside. It is ordered that the accused-appellants (1) Vijay Kulriya S/o Indraj (2) Naresh Dhaka S/o Mahaveer Prasad and (3) Sonu Bhambhu S/o Kalu Ram arrested in connection with F.I.R. No.129/2020 registered at the Police Station Rajiyasar, District Sri Ganganagar shall be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.