HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 384/2021
1. Jitendra Singh S/o Man Singh Dhabai Gurjat, Aged About 27 Years, R/o C-1, Basant Vihar, P.s. Pratapnagar, At Present Balaji Vihar, P.s. Pratap Nagar, Bhilwara.
2. Bhagwat Singh S/o Laxman Singh Rajput, Aged About 27 Years, R/o Suras, P.s. Bigod, At Present Gayatri Nagar, Bhilwara, P.s. Pratapnagar, Dist. Bhilwara.
(At Present Lodged In District Jail, Bhilwara).
----Appellants Versus
1. State, Through Pp
2. Rajesh Kumar S/o Ram Lal Salvi, R/o Shiv Nagar Colony, Near Hariom Tailor, Pratapnagar, P.s. Pratapngar, Bhilwara, At Present F.c. 191, P.s. Mandal, Dist. Bhilwara.
----Respondents For Appellant(s) : Mr. Rajendra Charan, Adv. through VC For Respondent(s) : Mr. Vikram Sharma, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order 28/04/2021 Heard learned counsel for the appellants and the learned Public Prosecutor.
The instant appeal has been filed under Section 14A of SC/ST (PA) Act on behalf of the appellants, who are in custody in connection with FIR No.76/2021, Police Station Mandal, Bhilwara for the offences under Sections 333, 353, 341, 397, 427 IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act against the order dated 31.03.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, (Downloaded on 05/05/2021 at 08:11:31 PM) (2 of 2) [CRLAS-384/2021] Bhilwara whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.
It has been submitted on behalf of the appellants that the appellants have falsely been implicated in this case. The accused- appellants are in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellants.
Learned Public Prosecutor has vehemently opposed the prayer for bail.
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.
Consequently, the instant appeal is allowed. The impugned order dated 31.03.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Bhilwara is set aside. It is ordered that the accused-appellants (1) Jitendra Singh S/o Man Singh Dhabai Gurjat and (2) Bhagwat Singh S/o Laxman Singh Rajput arrested in connection with FIR No.76/2021, Police Station Mandal, Bhilwara shall be released on bail; provided they furnish a personal bond of Rs.1,00,000/- and one surety bond of the like amount 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.
(MANOJ KUMAR GARG),J 129-MS/-
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