Satveer Singh vs State
2021 Latest Caselaw 18423 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1072/2021

Satveer Singh S/o Shri Balvindra Singh, Aged About 21 Years, R/o 8, 9 K.J.D., Khajuwala, District Bikaner (At Present Lodged In Central Jail, Bikaner)

----Appellant Versus

1. State of Rajasthan

2. Kishan Lal S/o Deva Ram, R/o 9 KJD, Khajuwala, Bikaner, Rajasthan.

----Respondents

For Appellant(s) : Mr.Swaroop Singh, Adv. For Respondent(s) : Mr.Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment 03/12/2021

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.169/2021, Police Station Khajuwala, Distt.

Bikaner for the offences under Sections 363, 366, 120-B of IPC

and Section 3(2)(va) of SC/ST (Prevention of Atrocities) Act,

against the order dated 23.10.2021 passed by the learned Special

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

Misc. Bail Case No.2012/2021 whereby, the bail application

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

rejected.

(2 of 2) [CRLAS-1072/2021]

Learned counsel for the appellant submits that similarly

situated co-accused Arsad Ali and Satpal have already been

granted bail by this Court and the case of the present appellant is

not distinguishable from that of the co-accused. The learned court

below has grossly erred in law and facts as well as in declining to

release the appellant on bail.

Learned Public Prosecutor has opposed the prayer for bail.

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 23.10.2021 passed by the learned Special Judge

SC/ST (Prevention of Atrocities) Cases, Bikaner is set aside. It is

ordered that the accused-appellant Satveer Singh S/o Shri

Balvindra Singh shall be released on bail in FIR No.169/2021,

Police Station Khajuwala, Distt. Bikaner 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

170-NK/-

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