Vijay Kulriya vs State
2021 Latest Caselaw 8737 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 313/2021

1. Vijay Kulriya S/o Shri Indraj, Aged About 21 Years, Kanod, Rajiyasar, Sriganganagar. (At Present Lodged In Central Jail, Sri Ganganagar).

2. Naresh Dhaka S/o Shri Mahaveer Prasad, Aged About 22 Years, Rang Mahal, Tehsil Suratgarh, District Sri Ganganagar. (At Present Lodged In Central Jail, Sri Ganganagar).

3. Sonu Bhambhu S/o Shri Kalu Ram, Aged About 19 Years, Manakthedi, Tehsil Pilibanga, District Hanumangarh. (At Present Lodged In Central Jail, Sri Ganganagar).

----Appellants Versus

1. State, Through P.p.

2. Het Singh S/o Vijay Singh, Thethar, P.s. Rajiyasar, District Sri Ganganagar.

                                                                ----Respondents


For Appellant(s)         :     Mr. R.S. Choudhary
For Respondent(s)        :     Mr. Mahipal Bishnoi, P.P.



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

01/04/2021

Heard learned counsel for the appellants, learned Public

Prosecutor and perused the material available on record.

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

SC/ST (Prevention of Atrocities) Act on behalf of the appellants,

who are in custody in connection with F.I.R. No.129/2020

registered at the Police Station Rajiyasar, District Sri Ganganagar

for the offences under Sections 308, 382, 341, 323, 325, 427,

147, 149 IPC and Section 3(2)(V)(Va) of the SC/ST Act, against

(2 of 3) [CRLAS-313/2021]

the order dated 05.02.2021 passed by the learned Special Judge,

SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar in

Criminal Misc. Case No.49/2021, whereby the bail application

preferred under Section 439 Cr.P.C. on behalf of the appellants

was rejected.

Learned Public Prosecutor has placed on record the

proof of service of notice upon the respondent-complainant, but

no one has appeared to oppose the appeal on his behalf.

As per the Parcha Bayan of the complainant Het Ram

recorded by a police officer of the Police Station Rajiyasar at the

CHC, Suratgarh, omnibus allegations of assault and beating by

blunt weapons are attributed to the appellants herein, Kaluram,

Anil Barupal, Sunil Tikuram, Rajesh Kumar Bhambu, Jagdish,

Sunil, Sachin Gila and Ranjeet Moondh etc., all of whom have

been enlarged on bail. The case of the present appellants is in no

manner distinguishable from that of the co-accused persons

enlarged on bail.

In this background and 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 appellants deserve indulgence of bail and

thus, the order rejecting the application for bail filed on behalf of

the appellants cannot be sustained.

Consequently, the instant appeal is allowed. The

impugned order dated 05.02.2021 passed by the learned Special

Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar

in Criminal Misc. Case No.49/2021 is set aside. It is ordered that

(3 of 3) [CRLAS-313/2021]

the accused-appellants (1) Vijay Kulriya S/o Indraj (2) Naresh

Dhaka S/o Mahaveer Prasad and (3) Sonu Bhambhu S/o Kalu Ram

arrested in connection with F.I.R. No.129/2020 registered at the

Police Station Rajiyasar, District Sri Ganganagar shall be released

on bail; provided each of them 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

251-Pramod/-

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