The court granted bail to accused-appellants based on lack of direct evidence, prolonged custody, and the nature of charges, emphasizing the need for a fair trial.

ORDER :

(Ashutosh Kumar, J.)

As both the appeals have been filed against the order of dismissal of bail applications of present accused-appellants pertaining to the same FIR, they are being heard and decided by the instant common order.

2. These appeals have been filed under Section 14A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by the appellants in connection with FIR No.55/2022, Police Station Alwar Gate, District Ajmer for the offences under Section 365 of IPC and later on for the offences under Sections 115, 342, 343, 364, 365, 302, 201, 120B & 37 of IPC and Sections 3(2)(V), 3(2)(V)(a) of SC/ST Act, 1989.

3. Learned counsel for the appellants submit that appeal No.2539/2023 has been filed against the order dated 22.08.2023 passed by the Special Jude, SC/ST (Prevention of Atrocities) Act Cases, Ajmer by which the bail application of Gautam Singh Rao was dismissed and appeal No.2397/2023 has been filed against the order dated 05.08.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Ajmer by which the bail application of present accused Devendra Kumar Yadav has also been dismissed.

4. Learned counsel appearing on behalf of the appellants argued that the victim has been informed but no one is present on behalf of the complainant. Learned counsel submit that this case is based on the basis of circumstantial evidence and during the investigation, dead body of the deceased was recovered on the basis of the information given by the accused Mohd. Israr @ Kalu and Imran @ Khua. Learned counsel further argued that the weapon which was used for the commission of offence has also been recovered on the information and, from the possession of Mohd. Israr @ Kalu and Imran @ Khua. Learned counsel further submits that the accused persons Devendra Kumar Yadav and Gautam Singh Rao have been involved in this case with the aid of Section 120B IPC. It has been further argued that there is no evidence against the appellants to implicate them with the charges levelled against them. It has been further argued that the FIR was lodged by the father of the deceased. The father, brother and brother in law of the deceased have been examined as PW-1, PW- 2 and PW-3 respectively. Learned counsel also argued that a similarly situated co-accused, Aditya Kishore Sharma has been enlarged on bail vide order dated 28.07.2023 by Co-ordinate Bench of this Court in S.B. Criminal Appeal No.1002/2022. It has been further submitted that there are many witnesses in this case and only 6 witnesses have been examined so far. Trial of this case will take time, accused persons are behind the bars since 10.02.2022, therefore, appeals be allowed and the accused persons be enlarged on bail.

5. On the other hand, learned Public Prosecutor vehemently opposed the appellant's prayer.

6. Heard and perused the material on record.

7. Having regard to the facts and circumstances of the case and considering the arguments advanced at the bar and also considering the fact that the dead body of the deceased Nitesh Nain was recovered on the basis of the information of Mohd. Israr @ Kalu and Imran, weapon of the murder iron rod has also been recovered on the basis of information of Imran and Israr, present appellants are behind the bars since 10.02.2022, charge sheet has been filed, material witnesses as such the father, brother and brother in law of the deceased have been examined, the only allegations against the appellants is that the appellants are conspirators in the alleged crime, and that the trial of this case will take time, but without expressing any opinion on the merits/demerits of the case, I deem it just and proper to allow the present appeals of the appellants.

8. Consequently, the present appeals are allowed. The impugned order dated 22.08.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Ajmer and order dated 05.08.2023 passed by the learned Special