Interpretation of bail provisions under the SC/ST (Prevention of atrocities) act and the consideration of facts and circumstances in granting bail.

JUDGMENT

Vinit Kumar Mathur, J. - Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

2. The instant appeal has been filed under Section 14a(2) SC/ST (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.117/2021, Police Station Sriganganagar Sadar, District Sriganganagar for the offences under Sections 302, 341, 323, 34 of I.P.C. and Section 3(2)(v)(va) of the SC/ST (Prevention of atrocities) act against the order dated 23/07/2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Sri Ganganagar, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

3. Heard. Perused the material available on record.

4. It is submitted by learned counsel for the appellant that on a trivial issue, the dispute arose between both the parties and there was exchange of pelting of bricks and stones in which both the parties have sustained injuries. There is no specific allegation against the present appellant of having inflicted any specific injury to the deceased. Learned counsel further submits that it was a free fight between the parties and there was no intention to cause death of the Rajendra Singh in the present case. The charge sheet in the case has been filed.

5. Learned public prosecutor as well as learned counsel for the complainant vehemently opposed the appeal.

6. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.

7. Consequently, the instant appeal is allowed. The impugned order dated 23/07/2021 passed by the Special Judge, SC/ST (Prevention of atrocities) Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellant Babu Singh Rathore S/o Sh. Samundra Singh arrested in connection with F.I.R. No. 117/2021, Police Station Sriganganagar Sadar, District Sriganganagar shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.