Chuna Ram vs State Of Rajasthan
2021 Latest Caselaw 9520 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 466/2021

1. Chuna Ram S/o Hanuman Ram, Aged About 25 Years,

2. Rai Mal S/o Pura Ram, Aged About 28 Years, Both R/o Bijrad Police Thana 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, R/o Presently Posted At F C 1280 P S Chohtan Dist. Barmer.

----Respondents

For Appellant(s) : Mr. Jitendra Ojha, 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 Chohtan, District

Barmer for the offences under Sections 147, 148, 458, 323,

307/149 IPC and Sections 3(1)(R)(S), 3(2)(5), 3(2)(5a) 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 Cases), Barmer whereby the bail application preferred

under Section 439 Cr.P.C. on behalf of the appellants was rejected.

(2 of 2) [CRLAS-466/2021]

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 Cases), Barmer is set aside. It is

ordered that the accused-appellants (1) Chuna Ram S/o Hanuman

Ram & (2) Rai Mal S/o Pura Ram arrested in connection with FIR

No.109/2021, Police Station Chohtan, 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 126-MS/-

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