Rajasthan High Court - Jodhpur
Rahul Giri @ Raugar vs State Of Rajasthan on 4 May, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
..
S.B. Criminal Appeal No. 416/2021.
Rahul Giri @ Raugar S/o Shri Shanker Giri, Aged About 25 Years,
Sodiyar, Tehsil Chouhtan, District Barmer, Presently Resident of
Nehru Nagar, Barmer, District Barmer.
(Confined In District Jail Barmer).
----Appellant
Versus
1. State Of Rajasthan through P.P.
2. Gordhan Ram S/o Rahinga Ram, By Caste Meghwal, R/o
Bhakharo Ki Dhani, Bachdau, Dhorimanna Police Station,
District Barmer.
----Respondents
For Appellant(s) : Mr. Vijay Raj Bishnoi through VC.
For Respondent(s) : Mr. Mukhtiyar Khan, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Judgment / Order
04/05/2021
The instant appeal has been filed under Section 14-A of the
Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act on
behalf of the appellant, who is in judicial custody in connection
with F.I.R. No. 51/2021, Police Station Dhorimanna, District
Barmer, registered for the offences punishable under Sections
323, 341 & 435 of the Indian Penal Code and Sections 3(1)(r)(s)
of the SC/ST (Prevention of Atrocities) Act against the order dated
08.04.2021 passed by the learned Special Judge, SC/ST
(2 of 3) [CRLAS-416/2021]
(Prevention of Atrocities) Act Cases, Barmer whereby, the bail
application under Section 439 Cr.P.C. moved on behalf of the
appellant was rejected.
Heard learned counsel for the appellant appearing through
video conferencing as well as the learned Public Prosecutor,
present-in-person. Perused the material available on record.
Learned counsel for the appellant appearing through video
conferencing stated that except the offence punishable under the
provisions of SC/ST Act, the remaining offences registered under
the provisions of Indian Penal Code are triable by the Magistrate;
that the trial will take time, therefore, benefit of bail may be
granted to the accused-appellant.
While placing the copy of the notice for the Court's perusal,
learned Public Prosecutor stated that the service of the notice has
been effected upon the respondent No.2 (complainant) but despite
of that, today, nobody is present on behalf of the respondent No.2
(complainant).
Per contra, learned Public Prosecutor opposed the bail prayer
of the accused-appellant.
Having given a thoughtful consideration to the submissions
advanced on behalf of the parties and having scanned through the
material available on record and further having regard to the facts
and circumstances of the case, particularly to the fact that except
the offence punishable under the provisions of SC/ST Act, the
remaining offences registered against the accused-appellant under
provisions of Indian Penal Code are triable by the First Class
(3 of 3) [CRLAS-416/2021]
Magistrate; and trial will take sufficiently long time, therefore,
without expressing any opinion on the merits of the case, at this
stage, 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 appeal is allowed. The impugned order
dated 08.04.2021 passed by the Special Judge, SC/ST (Prevention
of Atrocities) Act Cases, Barmer is set aside; and it is ordered that
the accused-appellant Rahul Giri @ Raugar S/o Shanker Giri,
arrested in connection with F.I.R. No. 51/2021, Police Station
Dhorimanna, District Barmer, shall be released on bail 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
84-Mohan/-
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