Dilip Singh Bhati vs State
2021 Latest Caselaw 2228 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1021/2020

1. Dilip Singh Bhati S/o Shri Girdhari Singh Bhati, Aged About 21 Years, By Caste Rajput, R/o Badi Sare, Police Station Sukher, District Udaipur. (At Present Lodged In Central Jail Udaipur).

2. Mahendra Singh Bhati S/o Shri Kesar Singh Bhati, Aged About 27 Years, By Caste Rajput, R/o Sare Kala, Police Station Sukher, District Udaipur. (At Present Lodged In Central Jail Udaipur).

----Appellants Versus

1. State, Through P.p.

2. Vikram Salvi S/o Shri Kanhya Lal Salvi, 52 Krishna Colony, Sector No. 09, Savina, Udaipur.

                                                                ----Respondents


For Appellant(s)         :     Mr.JVS Deora.
For Respondent(s)        :     Mr.A.R.Godara, P.P.



           HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment

27/01/2021

Heard learned counsel for the appellants and learned Public

Prosecutor. Perused the material available on record.

The instant appeal has been filed under Section 14A(2)

SC/ST (PA) Act on behalf of the appellants, who are in custody in

connection with F.I.R. No.317/2020, Police Station Sukher, District

Udaipur for the offences under Sections 332, 353 & 394 IPC and

Sections 3(1)(r) and 3(2)(va) of the SC/ST (PA) Act against the

order dated 21.11.2020 passed by the Special Judge, SC/ST (PA)

Cases, Udaipur whereby, the bail application preferred under

(2 of 2) [CRLAS-1021/2020]

Section 439 Cr.P.C. on behalf of the appellants was rejected.

Having regard to the facts and circumstances of the case and

considering the fact that the F.I.R. came to be lodged after a delay

of three days and as investigation is complete and charge-sheet

has been submitted against the appellants, this Court is of the

opinion that the appellants deserved indulgence of bail. Hence, the

order rejecting the application for bail filed on behalf of the

appellants, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned

order dated 21.11.2020 passed by the Special Judge, SC/ST (PA)

Act Cases, Udaipur is set aside. It is ordered that the accused-

appellants, viz. Dilip Singh Bhati and Mahendra Singh Bhati

arrested in connection with F.I.R. No.317/2020, Police Station

Sukher, District Udaipur shall be released on bail; provided each of

them 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

/tarun goyal/ 69

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