Swaroop Singh @ Swaroop Chauhan vs State Of Rajasthan
2021 Latest Caselaw 12511 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 596/2021

Swaroop Singh @ Swaroop Chauhan S/o Sh. Kishan Singh, Aged About 22 Years, B/c Rajput, R/o Village Mandai, P.s. Sangad, Teh. Fatehgarh, Dist. Jaisalmer, Rajasthan. (At Present Lodged In District Jail, Jaisalmer).

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Hakmaram S/o Sh. Narayana Ram, B/c Meghwal, R/o Village Mandai, P.s. Sangad, Teh. Fatehgarh, Dist. Jaisalmer, Rajasthan.

                                                                    ----Respondents


For Appellant(s)            :     Mr. Pradeep Shah
For Respondent(s)           :     Mr. A.R. Choudhary, PP



             HON'BLE MR. JUSTICE SANDEEP MEHTA

                                   Judgment

10/08/2021

Notice of the appeal has been served upon the respondent

No.2. However, no one has appeared to oppose the appeal on his

behalf.

Heard. Perused the material available on record.

This appeal has been preferred on behalf of the appellant

Swaroop Singh @ Swaroop Chauhan under Section 14A(2) of the

SC/ST (Prevention of Atrocities) Amendment Act 2015 being

aggrieved of the order dated 06.07.2021 passed by learned

Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaisalmer in

Criminal Misc. Application No.280/2021 rejecting the bail

application preferred on behalf of the appellant who is in custody

in connection with FIR No.62/2021, Police Station Sangad, District

(2 of 2) [CRLAS-596/2021]

Jaisalmer, for offences under Sections 147, 148, 341, 323, 354,

355, 455, 307 and 149 IPC and under Sections 3(1)(R)(S)(g) and

3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

The bail appeal applications of the co-accused Onkar Singh,

Suresh Kumar, Bhoor Singh, Avtar Singh, Nepal Singh and Mangu

Singh have been accepted by Coordinate Benches of this Court. As

per the order dated 24.06.2021 passed in S.B. Criminal Appeal

No.523/2021, the injuries caused to all the injured persons were

found to be simple in nature.

Thus, having regard to the overall facts and circumstances of

the case, this Court is of the opinion that the appellant deserves

indulgence of bail in this case.

Consequently, the appeal is allowed. The order dated

06.07.2021 is set aside and it is ordered that the accused-

appellant Swaroop Singh @ Swaroop Chauhan S/o Sh. Kishan

Singh arrested in connection with FIR No.62/2021 Police Station

Sangad, District Jaisalmer shall be released on bail during

pendency of the trial; provided he 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),J 153-Sudhir Asopa/-

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