HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 461/2021
1. Samundra Singh S/o Hari Singh, Aged About 22 Years, Dhani 21-Lnp Tehsil And Dist. Sriganganagar. (Presently Lodged In Central Jail, Sriganganagar).
2. Lakshman Singh S/o Ranjeet Singh, Aged About 20 Years, R/o Dungarsinghpura, Tehsil And Dist. Sriganganagar. (Presently Lodged In Central Jail, Sriganganagar).
----Appellants Versus
1. State Of Rajasthan, Through Pp
2. Karpal Ram S/o Momanram, W.no. 3, Dungarsinghpura Lalgarh Jattan, Sriganganagar.
----Respondents For Appellant(s) : Mr. Umesh Kant Vyas through VC. For Respondent(s) : Mr. B.R. Bishnoi, AGC.
Mr. Mridul Jain through VC.
HON'BLE MR. JUSTICE SANDEEP MEHTA (VACATION JUDGE) Judgment 02/06/2021 Heard learned counsel representing the appellants, learned Public Prosecutor and the learned counsel representing the complainant-respondent No.2. Perused the material available on record.
This appeal has been preferred on behalf of the appellants under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 30.04.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Sri Ganganagar in Cr. Misc. Case No.158/2021 rejecting the bail application preferred on behalf of the appellants (Downloaded on 02/06/2021 at 08:22:21 PM) (2 of 2) [CRLAS-461/2021] who are in custody in connection with FIR No.66/2021, Police Station Lalgarh Jattan, District Sri Ganganagar, for the offences under Sections 341, 323, 354, 143 and 458 IPC and Sections 3(1)
(r)(s) and 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act.
Similarly situated co-accused Baldev Singh has been enlarged on bail (S.B. Criminal Appeal No.460/2021) by a Coordinate Bench of this Court vide order dated 24.05.2021.
In this view of the matter and, having regard to the facts and circumstances available on record but, without expressing any opinion on the merits of the case, this Court is of the opinion that the appellants are entitled to be released on bail.
Consequently, the appeal is allowed. The order dated 30.04.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Sri Ganganagar is set aside. It is ordered that the accused-appellants (1) Samundra Singh and (2) Lakshman Singh arrested in connection with FIR No.66/2021, Police Station Lalgarh Jattan, District Sri Ganganagar shall be released on bail during pendency of the trial; provided each of them furnishes 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.
(SANDEEP MEHTA), VJ 58-Pramod/Devesh/-
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