Rajasthan High Court - Jodhpur
Banshi Lal vs State Of Rajasthan on 26 March, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1003/2020
Banshi Lal S/o Deva Arya, Aged About 33 Years, R/o Kanpur,
Police Station, Bawalwara, District Udaipur (Rajasthan), At
Present R/o Sada, Police Station Phalasiya, District Udaipur.
(Presently Lodged In District Jail Udaipur).
----Appellant
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Krishna Devi W/o Suresh Kumar, Aged About 23
Years, Garanwas Fala Ambveli, Police Station Phalasiya,
Tehsil Jhadol, District Udaipur (Rajasthan).
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 1004/2020
1. Mohani Devi W/o Kanti Lal, Aged About 33 Years, R/o
Kanpur, Police Station Bawalwara, District Udaipur
(Rajasthan), At Present R/o Sada, Police Station
Phalasiya, District Udaipur. (Presently Lodged In District
Jail Udaipur).
2. Sushila W/o Mukesh, Aged About 35 Years, Mal, Police
Station Panarwa, District Udaipur (Rajasthan). (Presently
Lodged In District Jail Udaipur).
----Appellants
Versus
1. State Of Rajasthan, Through P.p.
2. Smt. Krishna Devi W/o Suresh Kumar, Aged About 23
Years, Garanwas Fala Ambveli, Police Station Phalasiya,
Tehsil Jhadol, District Udaipur (Rajasthan).
----Respondents
For Appellants : Mr. Sumit Singhal
Mr. Dashrath Rathore
For Respondent No.1 : Mr. Vikram Sharma, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
(2 of 3) [CRLAS-1003/2020]
26/03/2021
This criminal appeal under Section 14A(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 appellants being aggrieved with the order dated
29.10.2020 passed by the Special Judge, SC/ST (Atrocities
Prevention Act), Udaipur (hereinafter to be referred as 'trial court')
in Criminal Misc. Case Nos.144/2020 and 142/2020 respectively,
whereby the trial court has dismissed the bail applications filed on
behalf of the appellants.
The appellants have been arrested in FIR No.122/2020 of
Police Station Phalasiya, District Udaipur for the offences
punishable under Sections 366, 370, 344, 376 of IPC and 3(2)(v)
of SC/ST Act.
Notices upon the respondent No.2 have been served,
however, none has appeared on her behalf.
Learned counsel for the appellants have submitted that the
co-accused persons Dinesh and Mukesh have already been
enlarged on bail by a Co-ordinate Bench of this Court and the case
of the appellants are not distinguishable from those cases.
Learned Public Prosecutor has opposed the prayer made on
behalf of the appellants in this criminal appeal.
Heard learned counsel for the appellants 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
accused appellants under Section 14-A(2) of SC/ST Act.
(3 of 3) [CRLAS-1003/2020]
Accordingly, this criminal appeal filed under Section 14-A(2)
of SC/ST Act is allowed and the order dated 29.10.2020 passed by
the Special Judge, SC/ST (Atrocities Prevention Act), Udaipur in
Criminal Misc. Case Nos.144/2020 and 142/2020 is set aside. It is
directed that appellants - Banshi Lal S/o Deva Arya, Mohani Devi
W/o Kanti Lal and Sushila W/o Mukesh shall be released on bail in
connection with FIR No.122/2020 of Police Station Phalasiya,
District Udaipur provided each of them executes a personal bond
in a sum of Rs.50,000/- with two sound and solvent sureties of
Rs.25,000/- each to the satisfaction of learned trial court for their
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
277-278-akash/-
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