Narayan Ram vs State Of Rajasthan ...
2023 Latest Caselaw 5413 Raj

[2023/RJJD/017765]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 672/2023

1. Narayan Ram S/o Ranjeevan Ram, Aged About 80 Years, R/o Vill. Lalamdesar Bada Ps Jasrasar Bikaner (Presently Lodged In Central Jail Bikaner)

2. Ramjeevan S/o Labhuram, Aged About 21 Years, R/o Vill.

Lalamdesar Bada Ps Jasrasar Bikaner (Presently Lodged In Central Jail Bikaner)

----Appellants Versus

1. State Of Rajasthan, Through Pp

2. Mukesh S/o Radhakishan, Aged About 21 Years, R/o Lalamdeser Biknaer

----Respondents

For Appellant(s) : Mr.Rakesh Kumar Chotia. For Respondent(s) : Mr.S.K.Bhati, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

26/05/2023

The instant appeal under Section 14A(2) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act has

been filed by the appellants against the order dated 6.5.2023

passed by learned Special Judge, Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act Cases, Bikaner in Cr. Case

No.889/2023, whereby the bail application filed by the appellants,

who have been arrested in connection with FIR No.85/2023

registered at Police Station Jasrasar, District Bikaner, for offences

under Section 341 of IPC and Sections 3(1)(R), 3(1)(S), 3(1)(Za)

(C), 3(2)(Va) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, has been rejected.

[2023/RJJD/017765] (2 of 3) [CRLAS-672/2023]

Learned counsel for the appellants submitted that the

appellants have been falsely implicated in the present case.

Learned counsel submitted that the allegation against the

appellants is of restraining him from entering an open area (near

Karni Mata temple) and abusing the complainant with casteist

slurs. Learned counsel submitted that there is no material or

evidence available on record which would establish the allegations

against the present appellants. Learned counsel submitted that

the appellants are in judicial custody despite the fact that they

have not committed any crime for the offences under Scheduled

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

Learned counsel submitted that the trial of the case will take

sufficiently long time, therefore, the benefit of bail should be

granted to the accused-appellants.

Per contra, learned Public Prosecutor opposed the appeal.

Heard learned counsel for the appellants and learned Public

Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and

circumstances of the case, without expressing any opinion on

merits/demerits of the case, this Court is inclined to enlarge the

appellants on bail.

Accordingly, the appeal under Section 14A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act is allowed. The order dated 6.5.2023 passed by learned

Special Judge, Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act Cases, Bikaner in Cr. Case No.889/2023 is set

aside and it is ordered that the accused-appellants- (i) Narayan

[2023/RJJD/017765] (3 of 3) [CRLAS-672/2023]

Ram S/o Ranjeevan Ram and (ii) Ramjeevan S/o Labhuram

respectively shall be enlarged on bail in connection with FIR

No.85/2023 registered at Police Station Jasrasar, District Bikaner,

provided each of them furnishes a personal bond in the sum of

Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the learned trial Judge for their appearance before

the court concerned on all the dates of hearing as and when called

upon to so.

It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of the instant

appeal. The trial court shall not get prejudiced by the same.

(KULDEEP MATHUR),J /tarun goyal/

Sr.No.125

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