Jhunjhar Singh vs State Of Rajasthan ...
2023 Latest Caselaw 5414 Raj

[2023/RJJD/017756]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 543/2023

Jhunjhar Singh S/o Narain Singh, Aged About 55 Years, Bigod, P.s. Bigod, Dist. Bhilwara. (Lodged In Dist. Jail, Bhilwara)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Smt. Leela Devi W/o Gopal Lal Balai, Devaliya, Bigod Ps, Dist. Bhilwara.

                                                                    ----Respondents


For Appellant(s)             :     Mr.D.S.Rathore.
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 appellant against the order dated 27.4.2023

passed by learned Special Judge, Scheduled Castes and Scheduled

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

No.110/2023, whereby the bail application filed by the appellant,

who has been arrested in connection with FIR No.231/2022

registered at Police Station Bigod, District Bhilwara, for offences

under Sections 452, 323 and 354 of IPC and Sections 3(1)(w) and

3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, has been rejected.

Learned counsel for the appellant submitted that the

appellant has been falsely implicated in the present case. Learned

[2023/RJJD/017756] (2 of 3) [CRLAS-543/2023]

counsel submitted that the family members of the complainant are

involved in selling of illegal liquor/wine. The appellant tried to

restrain family members of the complainant, who being annoyed

with the aforesaid act of the appellant, at about 9 PM of

30.10.2022, assaulted the appellant. The appellant thereupon

lodged FIR No.233/2022 against family members of the

complainant. As an off-shot and only with a view to falsely

implicate the present appellant in a criminal case, a false FIR has

been filed against the appellant alleging that he used abusive

language and tried to sexually assault the complainant.

Learned counsel submitted that the appellant is in judicial

custody and the trial of the case will take sufficiently long time,

therefore, the benefit of bail should be granted to the accused-

appellant.

Per contra, learned Public Prosecutor opposed the appeal.

Heard learned counsel for the appellant 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

appellant 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 27.4.2023 passed by learned

Special Judge, Scheduled Castes and Scheduled Tribes (Prevention

of Atrocities) Act Cases, Bhilwara in Cr. Case No.110/2023 is set

aside and it is ordered that the accused-appellant- Jhunjhar

[2023/RJJD/017756] (3 of 3) [CRLAS-543/2023]

Singh S/o Narain Singh shall be enlarged on bail in connection

with FIR No.231/2022 registered at Police Station Bigod, District

Bhilwara, provided he 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 his 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.124

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