Tarun @ Shalu Sharma vs State Of Rajasthan
2022 Latest Caselaw 4742 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 235/2022

Tarun @ Shalu Sharma S/o Shri Satyanarayan Sharma, Aged About 30 Years, R/o Village Raiti, P.s. Begu, District Chittorgarh, Rajasthan At Present Nandwana Gali, Narayangarh, P.s. Narayangarh, District Mandsore (M.P.) (Presently Lodged In District Jail, Chittorgarh)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Pintu S/o Shri Varsingh Bheel, R/o Ratamba, Tehsil Petlavad, District Jhabhua (M.P.)

----Respondents

For Appellant(s) : Mr. Shambhoo Singh Rathore.

Mr. Hitendra Singh.

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) Amended Act, 2015 on behalf of

the appellant, who is in custody in connection with F.I.R.

No.121/2021, Police Station Begu, District Chittorgarh, for the

offences under Sections 147, 149, 341, 342, 323, 307, 302, 327,

384 of I.P.C. and Sections 3(2)(V) of SC/ST Act against the order

dated 28.02.2022 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.

(2 of 3) [CRLAS-235/2022]

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 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 28.02.2022 passed by the learned Special Judge,

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

is ordered that the accused-appellant Tarun @ Shalu Sharma S/o

Shri Satyanarayan Sharma arrested in connection with F.I.R.

No.121/2021, Police Station Begu, 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

(3 of 3) [CRLAS-235/2022]

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 52-prashant/-

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