Jitendra @ Bunty vs State Of Rajasthan
2021 Latest Caselaw 8157 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 324/2021

Jitendra @ Bunty S/o Sh. Rajendra, Aged About 39 Years, Near Kbm School, Jailwell, Bikaner, Ps Kotegate, Dist. Bikaner (Raj.). (Presently Lodged At Central Jail, Bikaner).

----Appellant Versus

1. State Of Rajasthan, Through P.p.

2. Kanta W/o Gopalram, Chaunkhunti, Ps Nayashahar, Dist.

Bikaner (Raj.).

----Respondents

For Appellant(s) : Mr. Kaushal Gautam For Respondent(s) : Mr. Mahipal Bishnoi, PP For Complainant(s) : Mr. Mohan Ram Choudhary for respondent no. 2

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

24/03/2021

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 16.03.2021 passed

by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Bikaner (hereinafter to be referred as 'trial court')

in Criminal Misc. Case No.491/2021 whereby, the trial

court has dismissed the bail application filed on behalf of

the appellant.

The appellant has been arrested in FIR No.184/2020

of Police Station JNV Colony, Distt. Bikaner for the

(2 of 3) [CRLAS-324/2021]

offences punishable under Sections 447, 354, 307, 325 of

IPC and Sections 3(1)(R)(S) and 3(2)(V) of SC/ST (POA)

Act.

Learned counsel for the appellant has submitted that

compromise has been arrived at between the parties. It

is argued that several criminal cases in respect of

property are pending between the parties. It is further

submitted that the appellant is in judicial custody since

long.

Learned Public Prosecutor has opposed the prayer

made on behalf of the appellant in this criminal appeal,

however, learned counsel appearing for the complainant-

respondent No.2 Kanta W/o Gopalram has verified the

factum of compromise arrived at between the parties.

Heard learned counsel for the Parties 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 and the order dated

16.03.2021 passed by the trial court in Criminal Misc.

Case 491/2021 is set aside. It is directed that appellant -

Jitendra @ Bunty S/o Sh. Rajendra shall be released on

bail in connection with FIR No.184/2020 of Police Station

JNV Colony, Distt. Bikaner provided he executes a

personal bond in the sum of Rs.50,000/- with two sound

(3 of 3) [CRLAS-324/2021]

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

189-mohit/-

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