The court considered the nature of allegations against the appellant and co-accused in deciding the bail application under the SC/ST (Prevention of Atrocities) Act.

JUDGMENT

Manoj Kumar Garg, J. - Heard the learned counsel for the parties and perused the material available on record.

2. The instant appeal has been filed under Section 14-A(1) of SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.70/2022, Police Station Barmer Rural, District Barmer for the offences under Sections 364, 302 R/w 120-B of IPC and Section 3(2)(V) of SC/ST (Prevention of Atrocity) Act against the order dated 07.05.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Barmer whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

3. Counsel for the appellant submits that specific allegation has been made by the witnesses against co-accused Sawai Ram, who inflicted head injury to the deceased and cause of death is head injury. Challan of the case has already been presented and no investigation is pending. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant.

4. Learned Public Prosecutor opposed the prayer for bail but learned counsel for the complainant submits that she has no objection if benefit of bail is granted to the petitioner.

5. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, according to the statement of witnesses, specific allegation has been made against co-accused Sawai Ram and only omnibus allegation has been levelled against the present appellant, therefore, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

6. Consequently, the instant appeal is allowed. The impugned order dated 07.05.2022 passed by learned Special Judge, Schedule Caste & Schedule Tribes (Prevention of Atrocities) Act Cases, Barmer is set aside. It is ordered that the accused-appellant Madan Kumar S/o Sh. Bala Ram, arrested in connection with FIR No.70/2022, Police Station Barmer Rural, District Barmer shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds 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.