Rajasthan High Court - Jodhpur
Kishan Lal vs State Of Rajasthan on 1 July, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
...
S.B. Criminal Appeal No. 526/2021.
Kishan Lal S/o Shri Gokul Ji, Aged About 29 Years, R/o Falichada,
Tehsil Mawli, District Udaipur.
(At Present Lodged In Sub Jail Mawli, District Udaipur)
----Appellant
Versus
1. State Of Rajasthan through PP
2. Dr. Vikram Singh Meena S/o Shiv Dayal Meena, At
Present Medical Officer, PHC, Sakroda, Mawli, Udaipur,
Rajasthan.
----Respondents
For Appellant(s) : Mr. Deepak Menaria through VC.
For Respondent(s) : Mr. Sudhir Tak, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment / Order
01/07/2021
The instant appeal has been filed under Section 14-A of the
Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act
Cases on behalf of the appellant, who is in custody in connection
with F.I.R. No. 35/2021, Police Station Mawli, District Udaipur,
registered for the offences punishable under Sections 332, 353,
384 and 452 of the Indian Penal Code and Sections 3(1)(R) and
3(1)(5) of the SC/ST (Prevention of Atrocities) Act against the
(2 of 3) [CRLAS-526/2021]
order dated 10.06.2021 passed by the Special Judge, SC/ST
(Prevention of Atrocities) Act Cases, Udaipur whereby, the bail
application preferred under Section 439 Cr.P.C. on behalf of the
appellant was rejected.
Learned counsel for the appellant appearing through video
conferencing stated that one First Information Report (FIR) was
lodged by the wife of the appellant against the complainant and in
counter of that FIR, the accused-petitioner has falsely been
implicated in the present case. Learned counsel further stated that
as per FIR itself, incident of fight was taken place in regard to illicit
relationship; that the accused-petitioner is in judicial custody for
approximately one month; and that the trial will take time. With
these submissions, learned counsel prayed that the benefit of bail
may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor opposed the appeal and
release of the accused-appellant on bail. Learned Public Prosecutor
further stated that three other cases are pending against the
accused-appellant.
Heard learned counsel for the appellant appearing through
video conferencing as well as learned Public Prosecutor, present-
in-person. Perused the material available on record.
Having regard to the facts and circumstances of the case,
particularly to the facts that except the offences punishable under
the provisions of SC/ST Act, all other offences registered under
(3 of 3) [CRLAS-526/2021]
Indian Penal Code are triable by the First Class Magistrate; that no
recovery or investigation is pending against the appellant; that
the trial will take sufficiently long time, therefore, without
expressing any opinion on the merits/demerits of the case, this
Court is of the opinion that the present appeal deserves to be
allowed and the appellant deserves to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned
order dated 10.06.2021 passed by the Special Judge, SC/ST
(Prevention of Atrocities) Act Cases, Udaipur is set aside. It is
ordered that the accused-appellant, Kishan Lal S/o Gokul Ji,
arrested in connection with F.I.R. No. 35/2021, Police Station
Mawli, District Udaipur, shall be released on bail, if not wanted in
any other case, provided he furnishes a personal bond of
Rs.50,000/- and two sureties of Rs.25,000/- each to the
satisfaction of the learned Trial Court with the stipulation to
appear before that Court on each and every date of hearing and
whenever called upon to do so till the completion of the trial.
(DEVENDRA KACHHAWAHA),J
82-Mohan/-
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