Ramniwas vs State Of Rajasthan
2023 Latest Caselaw 5218 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 552/2023

Ramniwas S/o Shri Tejaram, Aged About 52 Years, R/o Basni Teta, Tehsil Merta, District Nagaur. (Presently Lodged In Sub Jail, Merta)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Nanu Ram S/o Sh. Mohan Lal, R/o Village Kukanwali Dist.

Nagaur.

3. Devraj Singh S/o Sh. Ram Singh, R/o Village Datau, Ps Ladanu, Dist. Nagaur.

                                                                    ----Respondents


For Appellant(s)            :     Mr. O.P. Sangwa
For Respondent(s)           :     Mr. Mahipal Bishnoi, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                   Judgment

24/05/2023

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

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

who is in custody in connection with FIR No.121/2022 registered

at Police Station Chitawa, District Nagaur for the offences under

Sections 304 and 120B IPC and Section 3(2)(v) of SC/ST Act.

Heard learned counsel for the appellant and Public

Prosecutor for the State. Perused the material available on record.

Learned counsel for the appellant submitted that similarly

situated co-accused Ghanshyam Singh has already been enlarged

on bail by the coordinate Bench of this Court vide order dated

21.07.2022 passed in S.B. Criminal Appeal No.989/2022. Learned

counsel submitted that the case of the appellant is not

(2 of 2) [CRLAS-552/2023]

distinguishable from that of co-accused who has already been

enlarged on bail by this Court. Learned counsel submitted that the

appellant is in judicial custody since long and the trial of the case

will take sufficiently long time to conclude. Thus, learned counsel

prayed that benefit of bail may be extended to the appellant.

Per contra, learned Public Prosecutor vehemently opposed

the bail application.

Having regard to the totality of facts and circumstances as

available on record and upon consideration of the arguments

advanced, without commenting on the merits of the case, this

Court deems it proper to enlarge the appellant on bail.

Consequently, the instant appeal is allowed. The impugned

order dated 28.04.2023 passed by the Special Judge, SC/ST

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

ordered that the accused-appellant -Ramniwas S/o Shri

Tejaram arrested in connection with FIR No.121/2022 registered

at Police Station Chitawa, District Nagaur shall be released on bail,

if not wanted in any other case, provided him furnish a personal

bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the

satisfaction of the learned lower Court with the stipulation to

appear before that Court on all dates of hearing and as and when

called upon to do so.

(KULDEEP MATHUR),J 207-Ravi Kh/-

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