Order

02/02/2021 The instant appeal has been filed under Section 14-A(2)

SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with F.I.R. No.105/2020, Police Station Bhirani, District Hanumangarh, registered for the offences under Sections 307, 323, 341, 354 and 143 of the Indian Penal Code and Sections 3(2)(V), 3(1)(W) and 3(1)(S) of the SC/ST (Prevention of Atrocities) Act against the order dated 02.11.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard learned counsel for the appellant as well as learned Public Prosecutor and learned counsel appearing on behalf of the complainant. Perused the material available on record.

Learned counsel for the appellant stated that five injuries caused to the injured Meera Devi are simple in nature; injuries No.1 to injury No.3 caused to the injured Rajendra Kumar are also simple in nature; injury No.4 is grievous in nature but it is not found to be inflicted on the vital part of the body; charge-sheet has been filed; and the trial will take time. With these submissions, learned counsel for the appellant prayed that the benefit of bail may be granted to the appellant.

Per contra, learned Public Prosecutor and learned counsel appearing on behalf of the complainant vehemently and fervently opposed the appeal, while submitting the photographs, learned counsel appearing on behalf of the complainant stated that there are 48 stitches on the head of the injured Rajendra Kumar and urges that benefit of bail may not be granted to the appellant. Thus, having regard to the entirety of facts and circumstances as available on record and as per medical expert’s opinion, injury is grievous but not dangerous to life; such photograph are not available in the charge-sheet and also have not been placed on record. As per learned Public Prosecutor, such photograph was also not available in the case diary; the photograph submitted by learned counsel appearing on behalf of the complainant shows only head of the injured and does not show nature of injury; no evidence is visible in the photograph ascertaining that whether this photograph is of the injured Rajendra Kumar or not; apart from that, none of the injuries show stitch wounds in the injury report; only injury No.4 is declared as grievous hurt which is found on finger of the right hand of the injured Rajendra Kumar; charge-sheet has been filed; and trial will take sufficiently long time, therefore, this Court is of the opinion that the appellant deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned order dated 02.11.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh, is set aside. It is ordered that the accused-appellant - Hanuman Prasad S/o Bhagu Ram @ Bhagmal, arrested in connection with F.I.R. No. 105/2020, Police Station Bhirani, District Hanumangarh, shall be released on bail, if not wanted in other case; provided he furnishes a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

(DEVENDRA KACHHAWAHA),J

59-rashi/-