HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 296/2021 Damodar Prasad S/o Ishwar Das, Aged About 36 Years, R/o Supa, Police Station Kekadi, Dist. Ajmer. (At Present Lodged In Sub Jail, Merta).
----Appellant Versus
1. State, Through Pp
2. Pintu S/o Sh. Bhika Ram, R/o Somna, Jayal, Rol, Nagaur, Rajasthan.
----Respondents For Appellant(s) : Mr. Neeraj Kumar Gurjar, 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 appellant and the learned Public Prosecutor.
The instant appeal has been filed under Section 14A of SC/ST (PA) Act on behalf of the appellant, who is in custody in connection with FIR No.90/2020, Police Station Mahila Police Thana, District Nagaur for the offences under Sections 376(2) (DHA) IPC and Sections 3(1)(r)(w)(ii), 3(2)(v), 3(2)(va) of SC/ST (Prevention of Atrocities) Act against the order dated 03.03.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Merta, Nagaur whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. (Downloaded on 05/05/2021 at 08:11:28 PM)
(2 of 2) [CRLAS-296/2021] It has been submitted on behalf of the appellant that challan of the case has already been presented. The accused-appellant is 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-appellant.
Learned Public Prosecutor has 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 appellant, cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned order dated 03.03.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Merta, Nagaur is set aside. It is ordered that the accused-appellant Damodar Prasad S/o Ishwar Das arrested in connection with FIR No.90/2020, Police Station Mahila Police Thana, District Nagaur shall be released on bail; provided he furnishes 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 128-MS/-
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