Bhopal Singh vs State
2021 Latest Caselaw 3206 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 741/2021

Bhopal Singh S/o Karan Singh, Aged About 31 Years, R/o 33, Naravaton Ki Dhani, Shivpura, Khara, Tehsil Phalodi, Dist. Jodhpur (Raj.). At Present Residing At Basani Iv Phase, Jodhpur (Raj.).

----Petitioner Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. Rajendra Singh Rathore For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment / Order

05/02/2021

The instant application for pre-arrest bail has been preferred

by the accused-petitioner Bhopal Singh for assailing the order

dated 08.01.2021 passed by learned Special Judge, SC/ST

(Prevention of Atrocities) Act Cases, Jodhpur whereby the

application for pre-arrest bail filed on behalf of the accused-

petitioner was dismissed.

I have given my thoughtful consideration to the submissions

advanced by the petitioner's counsel and have gone through the

impugned order and the FIR.

On a perusal of the FIR and the order rejecting bail, I am of

the opinion that it cannot be held at this stage that prima facie,

the offence under the Scheduled Castes and the Scheduled Tribes

(2 of 2) [CRLMB-741/2021]

(Prevention of Atrocities) Act, is not made out against the

petitioner. Hence, the prohibition contained in Section 18 of the

Act dis-entitles the petitioner to pre-arrest bail. However, the

petitioner is given liberty to surrender before the trial court and

move a regular bail application which shall be considered and

decided on the same day as per law. Thus, the instant bail

application is dismissed as being devoid of merit.

(SANDEEP MEHTA),J 65-Sudhir Asopa/-

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