Ganesh Kumawat vs State Of Rajasthan
2022 Latest Caselaw 8155 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 197/2022

Ganesh Kumawat S/o Sh. Poonam Chand Kumawat, Aged About 23 Years, Village Khari Charnan, Gajner Police Station, Presently R/o Nearby Manzisa Mandir, Bangla Nagar, Nayashahar Police Station, Bikaner, Dist. Bikaner. (Confined In Central Jail, Jodhpur).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Smt. Lalita Bamaniya W/o Ashok Kumar, B/c Meghwal, R/ o Rajsagar Chamu, Teh. Shekhala, Dist. Jodhpur.

                                                                    ----Respondents


For Appellant(s)             :     Mr. Sabir Khan
For Respondent(s)            :     Mr. Gaurav Singh, P.P.
                                   Mr. R.R. Ankiya, for the complaiant

HON'BLE MR. JUSTICE KULDEEP MATHUR (VACATION JUDGE)

Judgment / Order

13/06/2022

This criminal appeal under Section 14-A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

(hereinafter to be referred as 'the SC/ST Act') has been filed on

behalf of the appellant being aggrieved with the order dated

17.02.2022 passed by the Special Judge, SC/ST (Prevention of

Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial

court') in Criminal Misc. (Bail) Case No.48/2022 whereby, the trial

court has dismissed the bail application filed on behalf of the

appellant.

The appellant has been arrested in FIR No.78/2022 at Police

Station Udaimandir, District Jodhpur for the offences punishable

(2 of 2) [CRLAS-197/2022]

under Sections 384, 376(2)(n) of IPC and under Section 3(2) (va)

of SC/ST Act.

Learned Public Prosecutor has opposed the submissions

made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned

Public Prosecutor and counsel for the complainant and also

perused the material on record.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, this Court deem it just and proper to allow the appeal filed

by the appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2)

of SC/ST Act is allowed and the 17.02.2022 passed by the Special

Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur in Criminal

Misc. (Bail) Case No.48/2022 is set aside. It is directed that

appellant - Ganesh Kumawat S/o Sh. Poonam Chand Kumawat

shall be released on bail in connection with FIR No.78/2022 of

Police Station Udaimandir, District Jodhpur provided he executes a

personal bond in the sum of Rs.50,000/- with two sound and

solvent sureties of Rs.25,000/- each to the satisfaction of learned

trial court for his appearance before that court on each and every

date of hearing and whenever called upon to do so till the

completion of the trial.

(KULDEEP MATHUR), VJ 134-Taruna/-

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