Bharat Singh vs State Of Rajasthan
2021 Latest Caselaw 8736 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 335/2021

Bharat Singh S/o Sh. Gulab Singh, Aged About 48 Years, R/o Paldi Jod, Teh. Sumerpur, Dist. Pali. (Presently Lodged In Dist. Jail, Pali).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Alkesh Kumar S/o Sh. Prahlad Ram, R/o Akhariya Choak Paldi Jod, Teh. Sumerpur, Dist. Pali (Raj.).

                                                                  ----Respondents


For Appellant(s)           :     Mr. Vikas Balia
                                 Mr. V.D. Vaishnav
For Respondent(s)          :     Mr. Mahipal Bishnoi, P.P.
                                 Mr. Tirupati Chandra



              HON'BLE MR. JUSTICE SANDEEP MEHTA

                                  Judgment

01/04/2021

Heard learned counsel for the appellant, learned Public

Prosecutor, learned counsel for the complainant and perused the

case diary.

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 custody in connection with F.I.R. No.112/2021 registered

at the Police Station Sumerpur, District Pali for the offences under

Sections 323, 324, 341, 504, 147 IPC and Sections 3(1)(R), 3(1)

(S), 3(2)(v), 3(2)(VA) of the SC/ST Act, against the order dated

17.03.2021 passed by the learned Special Judge, SC/ST

(Prevention of Atrocities) Act Cases, Pali in Criminal Misc. Case

No.216/2021, whereby the bail application preferred under

Section 439 Cr.P.C. on behalf of the appellant was rejected.

(2 of 2) [CRLAS-335/2021]

The material witnesses Ramesh Kumar, Alkesh Kumar

and Ashok Kumar, did not attribute any specific role to the

appellant in their statement recorded under Section 161 CrPC.

The Medical Jurist upon examining x-ray and other scan

reports, opined that none of the injuries caused to the injured

persons was found to be grievous or life threatening in nature.

In this view of the matter and having regard to the over

all facts and circumstances of the case, this Court is of the opinion

that the appellant deserves indulgence of bail and thus, the order

rejecting the application for bail filed on behalf of the appellant

cannot be sustained.

Consequently, the instant appeal is allowed. The

impugned order dated 17.03.2021 passed by the learned Special

Judge, SC/ST (Prevention of Atrocities) Act Cases, Pali in Criminal

Misc. Case No.216/2021 is set aside. It is ordered that the

accused-appellant Bharat Singh S/o Gulab Singh arrested in

connection with F.I.R. No.112/2021 registered at the Police Station

Sumerpur, District Pali shall be released on bail; provided he

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.

(SANDEEP MEHTA),J 252-Pramod/-

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