The court's decision to grant bail was influenced by the fact that star witnesses had turned hostile, without expressing any opinion on the merits of the case.

JUDGMENT

Rameshwar Vyas, J. - The instant appeal has been filed under Section 14-a(2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with F.I.R. No. 612/2019 registered at Police Station Sangaira, Hanumangarh for the offences under Sections 302/34 IPC and Section 3(2)(V) of the SC/ST (Prevention of atrocities) act against the order dated 11.11.2021 passed by the Special Judge, SC/ST (Prevention of atrocities act), Hanumangarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

2. Learned counsel for the appellant submits that co-accused Jora Singh has been enlarged on bail by this Court in S.B. Cr. appeal No. 1071/2021 on 10.12.2021. Previous to it, bail application of another co-accused Binder Singh was allowed by the co-ordinate Bench of this Court in S.B. Cr. appeal No. 868/2021 on 8.11.2021 on the ground star witnesses having turned hostile. Learned counsel for the appellant submits that the case of the present appellant stands on the same footing. During trial, Jasvindra Singh and Dula Ram have turned hostile. In the above, circumstances, learned counsel for the appellant prays that the appeal filed by the appellant deserves to be allowed.

3. On the contrary, learned Public Prosecutor has opposed the appeal. as per his contention, Police Constable Shaitana Ram is yet to be examined, before whom confessional statement was alleged to be stated by the accused.

4. Having regard to the rival contentions of the learned counsel for the parties and after perusal of the material available on record, in the facts and circumstances of the case, particularly the fact that star witnesses have turned hostile, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant the bail to the appellant.

5. Consequently, the instant appeal is allowed. The impugned order dated 11.11.2021 passed by the learned Special Judge, SC/ST (Prevention of atrocties act), Hanumangarh is set aside. It is ordered that the accused-appellant, Shri Kaka Singh @ Darshan Singh S/o Shri Gareeb Das arrested in connection with F.I.R. No.612/2019 registered at Police Station Sangaria, Hanumangarh shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- with two sound and solvent sureties 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.