Rajasthan High Court - Jodhpur
Narayan Singh vs State Of Rajasthan on 11 May, 2021
Bench: Manoj Kumar Garg
(1 of 2) [CRLAS-455/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 455/2021
Narayan Singh S/o Shri Babu Singh, Aged About 40 Years, R/o
Bhadkha Tehsil And Distt. Barmer. (At Present Lodged In Distt.
Jail, Barmer)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Prahlad Ram S/o Aatu Ram, Aged 28 years, B/c Meghwal,
R/o Nimbla P.s. Sheo Distt. Barmer
----Respondents
For Appellant(s) : Mr. Rakesh Matoria, Adv. through VC
For Respondent(s) : Mr. SK Bhati, PP
Mr. RJ Punia, Adv. through VC
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
11/05/2021
Heard the learned counsel for the parties and the learned
Public Prosecutor. Perused the material available on record.
The instant appeal has been filed under Section 14A(2) of
SC/ST (PA) Act on behalf of the appellant, who is in custody in
connection with FIR No.64/2021, Police Station Shiv, District
Barmer for the offences under Sections 143, 341, 323, 327, 308
IPC and Sections 3(1)(R)(S), 3(2)(Va) of SC/ST (Prevention of
Atrocity) Act against the order dated 16.04.2021 passed by the
learned Special Judge, SC/ST (Prevention of Atrocities) Cases,
Barmer whereby the bail application preferred under Section 439
Cr.P.C. on behalf of the appellant was rejected.
Counsel for the appellant submits that the appellant has
falsely been implicated in this case. The appellant is in judicial
(2 of 2) [CRLAS-455/2021]
lock-up. The learned court below has grossly erred in law and
facts as well in declining to release the appellant on bail. Hence,
the benefit of bail should be granted to the appellant.
Learned Public Prosecutor as well as learned counsel for
respondent No.2 have vehemently opposed the prayer for bail.
Learned Public Prosecutor has submitted the factual report
received from the concerned Police Station in which it has been
mentioned that after investigation, Police has not found the
offences under Sections 307 & 308 IPC proved against the
appellant.
Having regard to the entirety of facts and circumstances as
available on record and upon a consideration of the arguments
advanced at the bar, this Court is of the opinion that the order
rejecting the application for bail filed on behalf of the appellant,
cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned
order dated 16.04.2021 passed by the Special Judge, SC/ST
(Prevention of Atrocities) Cases, Barmer is set aside. It is ordered
that the accused-appellant Narayan Singh S/o Shri Babu Singh
arrested in connection with FIR No.64/2021, Police Station Shiv,
District Barmer shall be released on bail; provided he furnishes a
personal bond of Rs.1,00,000/- and two surety bonds of
Rs.50,000/- each to the satisfaction of the learned trial court with
the stipulation to appear before that court on all dates of hearing
and as and when called upon to do so.
(MANOJ KUMAR GARG),J
87-MS/-
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