Rajasthan High Court - Jodhpur
Prem Choudhary vs State on 20 December, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 1146/2021
Prem Choudhary S/o Sh. Jagdish, Aged About 45 Years, R/o House
No. 50, Setiya Farm, Gali No. 9, Sri Ganganagar.
(At Present Lodged In Central Jail, Sri Ganganagar).
----Appellant
Versus
1. State, Through Pp
2. Mohan Lal S/o Sukh Ram, R/o Gali No. 4, Bhambhu Colony,
Sri Ganganagar.
----Respondents
For Appellant(s) : Mr. Rakesh Matoria.
For Respondent(s) : Mr. Mukesh Trivedi, P.P.
Mr. Kuldeep Sharma.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
20/12/2021
The instant appeal has been filed under Section 14-A (2) of
SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who
is in custody in connection with F.I.R. No.331/2021, Police Station
Kotwali, District Sri Ganganagar for the offences under Sections 307,
323, 341, 143 IPC and under Sections 3(1)(r)(s), 2(2)(Va) SC/ST
(Prevention of Atrocities) Act against the order dated 16.11.2021
passed by the learned Special Judge SC/ST (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 main
accused in this case is Abhishek @ Abhi, who has already been
enlarged on bail by the lower court and the case of the present
appellant is similar to that of the co-accused. 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
(2 of 2) [CRLAS-1146/2021]
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 and learned counsel for the
complainant have 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 16.11.2021 passed by the learned Special Judge SC/ST
(Prevention of Atrocities Act Cases), Sri Ganganagar is set aside. It is
ordered that the accused-appellant Prem Choudhary S/o Sh. Jagdish
arrested in connection with F.I.R. No.331/2021, Police Station
Kotwali, 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
262-prashant/-
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