Damodar Prasad vs State
2021 Latest Caselaw 9282 Raj

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.

(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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