Ashok Vishnoi @ Astal vs State Of Rajasthan
2023 Latest Caselaw 5416 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No.299/2023

Ashok Vishnoi @ Astal S/o Shri Javrilal, aged about 26 Years, B/c Vishnoi R/o Ren R/o Guni Bas Tilvasani Police Station Bilada District Jodhpur.

(At present lodged in Central Jail, Jodhpur)

----Appellant Versus

1. State of Rajasthan, Through Pp

2. Harikishan S/o Shri Bhanwarlal, Aged About 45 Years, R/o 08 Karmchari Colony Rejidency Road Airport Jodhpur.

----Respondents

For Appellant(s) : Mr. Manish Pitaliya For Respondent(s) : Mr. S.K. Bhati, P.P. For Complainant(s) : Mr. Devendra Khatri

HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment

26/05/2023

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 C.R. No.32/2022 registered at

Police Station Airport, District Jodhpur Metropolitan for the

offences under Sections 341, 323, 325, 308, 382 and 120B IPC

and Section 3(1)(r)(s) and 3(2)(va) of SC/ST Act.

Heard learned counsel for the appellant, Public Prosecutor for

the State and learned counsel for the complainant. Perused the

material available on record.

(2 of 3) [CRLAS-299/2023]

Learned counsel for the appellant submitted that co-accused

Devendra Singh, Mukesh Choudhary and Harendra Singh have

already been enlarged on bail by the Court of Special Judge, SC

and ST (Prevention of Atrocities Cases), Jodhpur vide order dated

09.03.2022. Learned counsel submitted that the case of the

appellant is not distinguishable from that of co-accused who have

already been enlarged on bail. Learned counsel submitted that

challan in the case has already been filed. 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 and learned counsel for

the complainant have vehemently opposed the appeal.

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 01.03.2023 passed by the Special Judge, SC/ST

(Prevention of Atrocities Cases), District Jodhpur Metropolitan is

set aside. It is ordered that the accused-appellant -Ashok

Vishnoi @ Astal S/o Shri Javrilal arrested in connection with

C.R. No.32/2022 registered at Police Station Airport, District

Jodhpur Metropolitan 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

(3 of 3) [CRLAS-299/2023]

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

called upon to do so.

(KULDEEP MATHUR),J 120-Ravi Kh/-

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