Pappu Ram vs State Of Rajasthan
2022 Latest Caselaw 7053 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

.....

S.B. Criminal Appeal No. 303/2022

Pappu Ram S/o Shri Dhanna Ram, aged about 40 years, Resident of Dangawas, Tehsil Merta, District Nagaur, Rajasthan. (Accused In Sub Jail, Merta City)

----Appellant Versus

1. State Of Rajasthan through PP

2. Union Of India through C.B.I.

3. Arjun Ram S/o Ratna Ram, Aged About 26 Years, B/c Meghwal, R/o Meghwalo Ka Mohalla, Dangawas, P.S. Merta City, District Nagaur.

----Respondents

For Appellant(s) : Mr. Hanuman Singh Choudhary.

Mr. Sharwan Choudhary.

Mr. R.R. Jangu.

For Respondent(s) : Ms. Anita Gehlot, PP (State).

Dr. Sachin Acharya, Sr. Advocate and Special Public Prosecutor with Mr. Rahul Rajpurohit (CBI).

Mr. Vishal Sharma, for the respondent No.3 (complainant).

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

11/05/2022

The instant appeal has been filed under Section 14A of the

SC/ST (Prevention of Atrocities) Act on behalf of the appellant,

who is in custody in connection with F.I.R. No. 168/2015, Police

Station Merta City, District Nagaur, for the offences punishable

under Sections 447, 147, 148, 149, 323, 324, 325, 326 of IPC and

Sections 3(1)(v)(x) and 3(2)v) of the SC/ST (Prevention of

(2 of 3) [CRLAS-303/2022]

Atrocities) Act, against the order dated 14.03.2022 passed by the

learned Special Judge, Scheduled Caste/Scheduled Tribe

(Prevention of Atrocities) Act Cases, Merta, District Nagaur

whereby, the bail application preferred under Section 439 Cr.P.C.

on behalf of the appellant was rejected.

Learned counsel for the appellant submits that the similarly

situated co-accused persons, namely, Ramdev, Baldev Ram and

Chatura Ram have already been granted bail and the case of the

present appellant is not distinguishable from those of the co-

accused. Challan of the case has already been presented. The

appellant is in judicial custody since 16.02.2017 and the trial of

the case will take sufficient long time. In these circumstances, the

bail may be granted to the accused-appellant.

Per contra, learned Public Prosecutor appearing on behalf of

the respondent No.1 (State of Rajathan), learned Senior Advocate

and Special Public Prosecutor Dr. Sachin Acharya assisted by the

learned counsel Mr. Rahul Rajpurohit appearing on behalf of the

respondent No.2 (CBI) and the learned counsel Mr. Vishal Sharma

appearing on behalf of the respondent No.3 (complainant) have

vehemently opposed the appeal and prayer for granting the bail.

Learned counsel for the complainant submits that in the present

matter, five persons have brutally murdered by the accused

persons and, therefore, bail may not be granted to the present

appellant.

I have considered the arguments advanced before me and

gone through the material available on record.

(3 of 3) [CRLAS-303/2022]

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 14.03.2022 passed by the learned Special Judge,

Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act

Cases, Merta, District Nagaur is set aside. It is ordered that the

accused appellant, Pappu Ram S/o Dhanna Ram, arrested in

connection with F.I.R. No. 168/2015, Police Station Merta City,

District Nagaur, 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 135-Mohan/-

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