Ravi vs State Of Rajasthan
2021 Latest Caselaw 9413 Raj

(1 of 2) [CRLAS-428/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 428/2021

Ravi S/o Shri Ramesh Chandra Bhoe, Aged About 23 Years, R/o Bhoe Kheda, P.s. Kotwali, Dist. Chittorgarh. (At Present Lodged In District Jail Chittorgarh)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Rekha Mehar W/o Shri Sushil, R/o Tamboli Chok, Begun, Dist. Chittorgarh.

----Respondents

For Appellant(s) : Mr. SS Sisodia, Adv.

For Respondent(s)          :     Mr. SK Bhati, PP



            HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                           Judgment / Order

11/05/2021

Heard the learned counsel for the appellant 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.369/2020, Police Station Sadar

Chittorgarh, District Chittorgarh for the offences under Sections

201, 120B IPC and Sections 3(1)(R)(S), 3(2)(v) of SC/ST

(Prevention of Atrocity) Act against the order dated 31.03.2021

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

Atrocities) Act Cases, Chittorgarh whereby the bail application

preferred under Section 439 Cr.P.C. on behalf of the appellant was

rejected.

(2 of 2) [CRLAS-428/2021]

Counsel for the appellants submits that similarly situated co-

accused namely Bhura @ Devraj Gurjar has already been enlarged

on bail and the case of the present appellant is similar to that of

the co-accused. The appellant is in judicial 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 has vehemently opposed the

prayer for bail.

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 31.03.2021 passed by the Special Judge, SC/ST

(Prevention of Atrocities) Act Cases, Chittorgarh is set aside. It is

ordered that the accused-appellant Ravi S/o Shri Ramesh Chandra

Bhoe arrested in connection with FIR No.369/2020, Police Station

Sadar Chittorgarh, District Chittorgarh 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 88-MS/-

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