The court established that the rejection of bail must be justified by substantial reasons, particularly considering the severity of injuries and the duration of custody.

ORDER

1. The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No.231/2022, Police Station Gudamalani, District Barmer, for the offence under Sections 341, 327, 323, 325, 307/34 IPC and Sections 3(1)(r)(s), 3(2)(v)(va) of SC/ST Act against the order dated 22.12.2022 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Barmer whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

2. Mr. Jagdish Vishnoi, present-in-person, submits that appellants have falsely been implicated in this case. It is further submitted that none of the injuries are found to be dangerous to life and are not on any vital part of the body of the injured. The accused-appellants are in judicial custody since 19.12.2022 and the trial of the case will take sufficient long time. It is further submitted that the learned Court below has grossly erred in law and facts as well as in declining to release the appellants on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellants.

3. Learned Public Prosecutor has vehemently opposed the prayer for bail.

4. 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 order rejecting the application for bail filed on behalf of the appellants, cannot be sustained and deserves to be set aside.

5. Consequently, the instant appeal is allowed. The impugned order dated 22.12.2022 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Barmer is set aside. It is ordered that the accusedappellants, (1) Manohar Lal S/o Shri Babulal, and (2) Kishan Lal S/o Shri Amraram, arrested in connection with FIR No.231/2022, Police Station Gudamalani, District Barmer, shall be released on bail; provided each of them 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.