Ladunath vs State
2022 Latest Caselaw 4740 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 187/2022

Ladunath S/o Ghisa Nath, Aged About 25 Years, R/o Chenchi P.s. Begun, Teh. Begun Dist. Chittorgarh.

(Presently Lodged In Central Jail, Chittorgarh).

----Appellant

Versus

1. State of Rajasthan Through Pp

2. Pintu S/o Var Singh, B/c Bhil R/o Ratamba P.s. Rampuriya Teh. Petlavad Dist. Jhabua M.P.

                                                                ----Respondents


For Appellant(s)         :     Mr. Umesh Kant Vyas.
For Respondent(s)        :     Mr. Javed Gauri, P.P.


          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                          Judgment / Order

29/03/2022

The instant appeal has been filed under Section 14-A of SC/ST

(Prevention of Atrocities) Act, on behalf of the appellant, who is in

custody in connection with F.I.R. No.121/2021, Police Station Begun,

District Chittorgarh, for the offences under Sections 147, 148, 341,

342, 323, 327, 307, 302, 384 I.P.C. and Sections 3(2)(V) of SC/ST

(Prevention of Atrocities) Act against the order dated 18.12.2021

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

Cases), Chittorgarh whereby, the bail application preferred under

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

Counsel for the appellant submits that similarly situated co-

accused Yogesh Kumar S/o Ladu Ram (CRLAS No.146/2022), Bheru

Lal, Lilashankar, Babu Lal Dhakar, Sunil, Bablu Kumar, Deepak

Kumar Rathore & Dinesh Chandra have already been granted bail by

this Court and the case of present petitioner is not distinguishable

(2 of 2) [CRLAS-187/2022]

from those of the co-accused. The accused-appellant is in judicial

custody and the trial of the case will take sufficient long time to be

concluded. Therefore, the benefit of bail should be granted to the

accused-appellant. The learned court below has grossly erred in law

and facts as well in declining to release the appellant on bail.

Learned Public Prosecutor has opposed the prayer for bail.

Heard learned counsel for the appellant and learned public

prosecutor and also perused the material available on record.

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 18.12.2021 passed by the learned Special Judge, SC/ST

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

ordered that the accused-appellant Ladunath S/o Ghisa Nath

arrested in connection with F.I.R. No.121/2021, Police Station Begun,

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 53-Prashant/-

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