Rajasthan High Court - Jodhpur
Vikas vs State Of Rajasthanb on 1 February, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1079/2020
Vikas S/o Shri Shankar Lal, Aged About 35 Years, Neva, Police
Station Bap, District Jodhpur At Present Karnewala Police Station
Nokh, District Jaisalmer. (At Present Lodged In Central Jail,
Jodhpur).
----Appellant
Versus
1. State Of Rajasthanb, Through P.P.
2. Smt. Chouthi D/o Natha Ram, By Caste Meghwal, R/o
Kanasar Police Station Bap, District Jodhpur.
----Respondents
For Appellant(s) : Mr. Sanjay Bishnoi
For Respondent(s) : Mr. A.R. Choudhary, P.P.
Mr. Anil Bidan Halu
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
01/02/2021
Heard learned counsel for the appellant, learned Public
Prosecutor and learned counsel for the complainant and perused
the material available on record.
The instant appeal has been filed under Section 14-A(2)
SC/ST (Prevention of Atrocities) Act on behalf of the appellant,
who is in custody in connection with F.I.R. No.315/2019 registered
at the Police Station Bap, District Jodhpur for the offences under
Sections 143, 435, 323, 354, 427 IPC and Sections 3(1)(r)(s)
(w-i), 3(2)(Va) of the SC/ST Act against the order dated
08.12.2020 passed by the learned Special Judge, SC/ST
(Prevention of Atrocities) Act Case, Jodhpur in Criminal Misc. Case
No.252/2020, whereby the bail application preferred under
Section 439 Cr.P.C. on behalf of the appellant was rejected.
(2 of 2) [CRLAS-1079/2020]
The investigation is complete. The charge-sheet has
been filed. The principal allegations are against the co-accused
Shankar Lal. Learned counsel for the appellant has placed on
record a copy of the order dated 28.02.2020 passed by the
learned Special Judge, SC/ST Act Cases, Jodhpur Metropolitan,
which indicates that the bail application of Shankar Lal has been
accepted albeit under Section 167 (2) CrPC.
In this background and 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 appellant deserves indulgence of bail and
thus, the order rejecting the application for bail filed on behalf of
the appellant cannot be sustained.
Consequently, the instant appeal is allowed. The
impugned order dated 08.12.2020 passed by the learned Special
Judge, SC/ST (Prevention of Atrocities) Act Case, Jodhpur in
Criminal Misc. Case No.252/2020 is set aside. It is ordered that
the accused-appellant Vikas S/o Shankar Lal arrested in
connection with F.I.R. No. 315/2019 registered at the Police
Station Bap, District Jodhpur shall be released on bail; provided he
furnishes a 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
68-Pramod/-
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