Doongara Ram vs State
2021 Latest Caselaw 9521 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 445/2021 Doongara Ram S/o Sh. Kheta Ram, Aged About 41 Years, B/c Jat, R/o Village Janduo-Ka-Tala, Ratasar, P.s. Bijrad, Tehsil Chohatan, Distt. Barmer (Raj.) (Presently Lodged In Distt. Jail, Barmer)

----Appellant Versus

1. State, Through Pp

2. Ajay Kumar S/o Sh. Phool Chand, B/c Meghwal, Presently Posted As Constable No 1280, Police Station Chohatan, Distt. Barmer (Raj.)

----Respondents

For Appellant(s) : Mr. Pradeep Shah, 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(2) of

SC/ST (PA) Act on behalf of the appellant, who is in custody in

connection with FIR No.109/2021, Police Station Chohatan,

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

323, 307/149 IPC and Sections 3(1)(r)(s), 3(2)(V), 3(2)(va) of

SC/ST (Prevention of Atrocity) Act against the order dated

27.04.2021 passed by the learned Special Judge, SC/ST

(Prevention of Atrocities) Act Cases, Barmer whereby the bail

(2 of 2) [CRLAS-445/2021]

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

appellant was rejected.

Counsel for the appellant submits that 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 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 appellant,

cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned

order dated 27.04.2021 passed by the learned Special Judge,

SC/ST (Prevention of Atrocities) Act Cases, Barmer is set aside. It

is ordered that the accused-appellant Doongara Ram S/o Sh.

Kheta Ram arrested in connection with FIR No.109/2021, Police

Station Chohatan, 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 127-MS/-

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