The court granted bail to the appellant due to insufficient evidence and prolonged custody, emphasizing the need for fair trial rights.

JUDGMENT :

Mr. Rajendra Prakash Soni, J. - Instant Criminal appeal has been preferred to enlarge the appellant on bail under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 and being aggrieved of the order dated 05.06.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Bikaner in Criminal Misc. Case (Bail Application) No. 1070/2024 rejecting the bail application preferred on behalf of the appellant, who is in custody in connection with FIR No. 127/2024, Police Station Lunkaransar, District Bikaner, for offences under Sections 458, 308, 323, 342, 504, 506, 34 of the Indian Penal Code and Sections 3(2)(Va), 3(2)V), 3(1)(r), 3(1)(s) of the SC/ST (Prevention of Atrocities) Act.

2. It is argued that the appellant is innocent person and a false case has been foisted against him; that entire allegations so levelled by the police against the appellant is totally false and baseless; that there is no concrete evidence to show direct nexus between the appellant and alleged crime, rather case of the prosecution is based on surmises and conjectures instead of sound legal evidence. With the aforesaid submissions, it was prayed that the present appeal be allowed and appellant may be enlarged on bail.

3. From the other side, learned Public Prosecutor for the State has strongly objected the submissions made by learned counsel for the appellant and vehemently opposed the bail plea of the appellant.

4. It was further argued that there is overwhelming evidence adduced on record which would prima-facie point towards the guilt of the appellant; that keeping in view the gravity of offence alleged to have been committed by him, he does not deserve any leniency, rather he needs to be dealt with severely. He thus, prayed that in the facts of the present case, it is expedient that accused-appellant be kept in the custody.

5. Learned counsel Mr. H.S. Shrimali appearing on behalf of the complainant has drew the attention of the Court towards the photographs of the injured.

6. I have given my thoughtful consideration to the arguments advanced by learned counsel for the parties and have perused the record carefully.

7. Having regard to the facts of the case and taking into account totality of circumstances, in my considered opinion, the submissions made by learned counsel for the appellant cannot be completely overlooked. In the present case, after perusal of the case diary, it is revealed that though the injured Dahraj Meghwal has received total 6 injuries yet, the Medical Jurist has opined injury Nos. 5 & 6 are to be grievous in nature and there is no specific opinion with regard to the dangerousness of these injuries. Besides it, both the injuries are found to be on the lower limbs of the body. As per the rejection order, the appellant is in custody since 01.05.2024 and a "Stick" has been recovered from the appellant whereas allegations of assaulting by Sariya (Rod) was made; that the bail rejection order goes to show that appellant is not involved in any other case; that the trial is likely to take its own considerable time and no useful purpose would be served by keeping him in detention for an indefinite period. In that view of the matter, this Court is of the opinion that the appellant deserves indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellant cannot be sustained.

8. Consequently, the appeal is allowed. The order dated 05.06.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Bikaner is set aside and it is ordered that the accused-appellant Gomdaram @ Govind Kaswa S/o Shankarlal, arrested in connection with FIR No. 127/2024, Police Station Lunkaransar, District Bikaner, shall be released on bail during pendency of the trial; provided he furnishes 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 a