Rajasthan High Court - Jodhpur
Dinesh Kumar vs State Of Rajasthan on 3 December, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1076/2021
Dinesh Kumar S/o Shri Bihari Lal, Aged About 21 Years, R/o
Ward No. 1, Ramdas Colony, Srivijay Nagar, Police Station -
Srivijaynagar, District Sri Ganganagar. (Presently Lodged In
District Jail, Shri Ganganagar)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Nishank Madhan.
For Respondent(s) : Mr. Mahipal Vishnoi, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
03/12/2021
The instant appeal has been filed under Section 14A SC/ST
(Prevention of Atrocities) Act on behalf of the appellant, who is in
custody in connection with F.I.R. No.224/2021, Police Station Sri
Vijaynagar, District Sri Ganganagar for the offences under
Sections 341, 323, 324, 325, 147, 148, 149 of IPC and Section
3(2)(va) and Section 3(1)(r) of the SC/ST (Prevention of
Atrocities) Act against the order dated 01.11.2021 passed by the
learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention
of Atrocities Act Cases), Sri Ganganagar whereby, the bail
application preferred under Section 439 Cr.P.C. on behalf of the
appellant was rejected.
Counsel for the appellant appeared and submits that the
injured has already been discharged from the hospital. Accused-
appellant is in judicial custody and the trial of the case will take
(2 of 2) [CRLAS-1076/2021]
sufficient long time to be concluded. Therefore, the benefit of bail
should be granted to the accused-appellant. The learned court
below has grossly erred in law and facts as well in declining to
release the appellant on bail.
Learned Public Prosecutor has opposed the prayer for bail.
Heard learned counsel for the appellant and learned public
prosecutor and also perused the material available on record.
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 01.11.2021 passed by the learned Special Judge
Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act
Cases), Sri Ganganagar is set aside. It is ordered that the accused
appellant Dinesh Kumar S/o Shri Bihari Lal arrested in connection
with F.I.R. No.224/2021, Police Station Sri Vijaynagar, District Sri
Ganganagar shall be released on bail; 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
172-prashant/-
Powered by TCPDF (www.tcpdf.org)
