Rajasthan High Court - Jodhpur
Banka Ram vs State Of Rajasthan on 24 May, 2021
Bench: Manoj Kumar Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 467/2021
1. Banka Ram S/o Hema Ram, Aged About 27 Years, B/c Jat,
R/o Bijrad P.s. Bijrad Dist. Barmer.
2. Om Prakash S/o Dama Ram, Aged About 29 Years, B/c
Jat, R/o Bijrad P.s. Bijrad Dist. Barmer.
(At Present Lodged In Dist. Jail, Barmer).
----Appellants
Versus
1. State Of Rajasthan, Through Pp
2. Ajay Kumar S/o Ful Chand, Aged About 30 Years, B/c
Meghwal, R/o Village Kishanpura Dikhnad, Dist.
Hanumangarh, Presently Constable 1280, P.s. Chotan.
----Respondents
For Appellant(s) : Mr. Siddharth Karwasra, Adv. through
VC
For Respondent(s) : Ms. Anita Gehlot, PP
Mr. Sravan Sainee, Adv. through VC
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
24/05/2021
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 of
SC/ST (PA) Act on behalf of the appellants, who are in custody in
connection with FIR No.109/2021, Police Station Chotan, District
Barmer for the offences under Sections 147, 148, 458, 323,
307/149 IPC and Sections 3(1)(Da)(Dha), 3(2)(V), 3(2)(va) of
SC/ST (Prevention of Atrocity) Act against the order dated
03.05.2021 passed by the learned Special Judge, SC/ST
(Prevention of Atrocities), Barmer whereby the bail application
(2 of 2) [CRLAS-467/2021]
preferred under Section 439 Cr.P.C. on behalf of the appellants
was rejected.
Counsel for the appellants submits that the appellants are in
judicial lock-up. The learned court below has grossly erred in law
and facts as well in declining to release the appellants on bail.
Hence, the benefit of bail should be granted to the appellants.
Learned Public Prosecutor as well as learned counsel for the
respondent No.2 have 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 appellants,
cannot be sustained and deserves to be set aside.
Consequently, the instant appeal is allowed. The impugned
order dated 03.05.2021 passed by the learned Special Judge,
SC/ST (Prevention of Atrocities), Barmer is set aside. It is ordered
that the accused-appellants (1) Banka Ram S/o Hema Ram & (2)
Om Prakash S/o Dama Ram arrested in connection with FIR
No.109/2021, Police Station Chotan, District Barmer shall be
released on bail; provided they furnish 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
128-MS/-
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