Palaram vs State
2021 Latest Caselaw 7397 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 234/2021

Palaram S/o Hansraj, Aged About 34 Years, R/o Ward No. 16, Dholipal, Tehsil And District Hanumangarh. (Presently Lodged At District Jail, Hanumangarh).

----Appellant Versus

1. State, Through Pp

2. Ramadevi W/o Mohanlal, R/o Ward No. 15, Dholipal, Tehsil And District Hanumangarh.

----Respondents

For Appellant(s) : Mr. Pankaj Kumar Gupta For Respondent(s) : Mr. Vikram Sharma, PP For Complainant(s) Mr. Kuldeep Sharma

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

16/03/2021

This criminal appeal under Section 14-A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(hereinafter to be referred as 'the SC/ST Act') has been filed on

behalf of the appellant being aggrieved with the order dated

22.02.2021 passed by the Special Judge, SC/ST (Prevention of

Atrocities) Cases, Hanumangarh (hereinafter to be referred as

'trial court') in Criminal Misc. Case No.41/2021 (CIS No.34/2021)

whereby, the trial court has dismissed the bail application filed on

behalf of the appellant.

The appellant has been arrested in FIR No.02/2021 of Police

Station Mahila Thana, Distt. Hanumangarh for the offences

(2 of 2) [CRLAS-234/2021]

punishable under Sections 354 D, 354 IPC and Sections 3(1)(S),

3(2)(Va) of SC/ST Act.

Learned Public Prosecutor has opposed the prayer made on

behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned

Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to allow the appeal filed by the

appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2)

of SC/ST Act is allowed; the order dated 22.02.2021 passed by

the trial court in Criminal Misc. Case No. 41/2021 (CIS

No.34/2021) is set aside and it is directed that appellant -

Palaram S/o Hansraj shall be released on bail in connection with

FIR No.02/2021 of Police Station Mahila Thana, Distt.

Hanumangarh provided he executes a personal bond in the sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-

each to the satisfaction of learned trial court for his appearance

before that court on each and every date of hearing and whenever

called upon to do so till the completion of the trial.

(VIJAY BISHNOI),J

173-pratibha/-

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