Devi Lal vs State
2021 Latest Caselaw 9300 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 244/2021

Devi Lal S/o Mangi Lal, Aged About 37 Years, resident of Usrol, Police Station Bhupalsagar, District Chittoragrh. (At Present Lodged In District Jail Chittorgarh).

----Appellant Versus

1. State, Through P.p.

2. Durga D/o Mangi Lal Damami, resident of Nadoliya, Chittorgarh, Rajasthan.

----Respondents

For Appellant(s) : Mr. Deepak Menaria, through video-

call.

For Respondent(s) : Mr. Mukesh Trivedi, P.P.

Mr. Tulsiram, C.I., SHO Kotwali, Chittorgarh.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

29/04/2021

Despite service, no one appears on behalf of the respondent

No.2.

Heard learned counsel for the appellant and learned public

prosecutor. Perused the material available on record.

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

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities)

Act on behalf of the appellant, who is in custody in connection with

FIR No.668/2020, Police Station Kotwali, Chittorgarh, District

Chittorgarh for the offences under Sections 376, 354(C) of IPC and

under Section 3(2)(va) of Scheduled Caste/ Scheduled Tribe

(Prevention of Atrocities Act Cases), against the order dated

19.02.2021 passed by the learned Special Judge SC/ST (Prevention

of Atrocities) Act Cases, Chittorgarh, in Criminal Misc. Bail Case

(2 of 2) [CRLAS-244/2021]

No.28/2021 whereby, the bail application preferred on behalf of the

appellant under Section 439 Cr.P.C. was rejected.

Counsel for the appellant submits that the appellant has not

committed the offences alleged against him and he is innocent. The

learned court below has grossly erred in law and facts as well as well

in declining to release the appellant on bail.

Learned Public Prosecutor has opposed the prayer for bail.

The explanation filed on behalf of Superintendent of Police,

Chittorgarh in pursuance of order dated 22.04.2021 is hereby taken

on record.

Having regard to the entirety of facts and circumstances of the

case 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 19.02.2021 passed by the learned Special Judge SC/ST

(Prevention of Atrocities) Act Cases, Chittorgarh is set aside. It is

ordered that the accused appellant Devi Lal S/o Mangi Lal shall be

released on bail in FIR No.668/2020, Police Station Kotwali

Chittorgarh, District Chittorgarh, provided he furnishes a personal

bond of Rs.1,00,000/- and two surety bonds of Rs. 50,000/- 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.

(MANOJ KUMAR GARG),J 92-Prashant/-

Powered by TCPDF (www.tcpdf.org)