The court granted bail to the appellants, emphasizing that the injuries were grievous but not life-threatening, and the investigation was concluded.

Order :

1. These appeals have been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with F.I.R. No.111/2024, registered at Police Station Kesarisinghpur, District Sri Ganganagar, for the offences under Sections 458, 365, 307, 323, 382 and 143 IPC and Sections 3(2)(va) of the SC and ST (Prevention of Atrocities) Act against the orders dated 20.11.2024 and 27.11.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Sri Ganganagar whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.

2. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material available on record.

3. Drawing attention of the Court towards the FIR and the challan papers submitted by the Investigating Agency before the competent criminal Court, learned counsel for the appellants submitted that in the alleged incident which occurred on 16.05.2024, the injuries allegedly inflicted by the appellants upon the injured are though grievous in nature but the same are not dangerous to life. Learned counsel submitted that co-accused persons Ajay Kumar (S.B. Cr. Appeal No.1674/2024), Jagdish Kumar @ Jaggu (S.B. Cr. Appeal No.1378/2024), Binja Singh @ Kirat Singh (S.B. Cr. Appeal No.1466/2024) and Devendra Singh @ Jasan (S.B. Cr. Appeal No.1807/2024) have already been enlarged on bail by this Court vide order dated 17.12.2024).

4. Lastly, learned counsel for the appellants submitted that the appellants are in judicial custody; the investigation against the appellants has already been concluded; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-appellants.

5. Per contra, learned Public Prosecutor has vehemently opposed the prayer for bail. Learned counsel for the complainant submitted that looking to the seriousness of the allegations levelled against the present appellants, they do not deserve to be enlarged on bail. However, learned Public Prosecutor was not in a position to refute the facts that the investigation against the appellants has already been concluded; and the injuries allegedly inflicted by the appellants upon the injured are though grievous in nature but the same are not dangerous to life/life threatening. He was also not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail.

6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the appellants on bail.

7. Consequently, these instant appeals are allowed. The impugned orders dated 20.11.2024 and 27.11.2024 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Sri Ganganagar are set aside. It is ordered that the accused-appellants (1) Mohit Kumar S/o Vilayat Kumar and (2) Gurjant @ Janta S/o Lakhvant Singh, arrested in connection with F.I.R. No.111/2024, registered at Police Station Kesarisinghpur, District Sri Ganganagar shall be released on bail; provided each of them furnishes a personal bond of Rs. 50,000/- and two surety bonds of Rs. 25,000/- 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.

8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of appeals.

9. The trial Court shall not get prejudiced by the same.

10. A copy of this order be placed in each file.