Vishnu Kumar Swarnkar S/O ... vs State Of Rajasthan ...
2023 Latest Caselaw 5875 Raj/2

[2023:RJ-JP:28505]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

       S.B. Criminal Appeal (Sb) No. 2844/2023

Vishnu Kumar Swarnkar S/o Ramswarup Soni,
Resident Of Village Didwana, Police Station Lalsot,
District Dausa (Rajasthan) At Present Resident Of
Village Bichoch, Police Station Bamanwas, Dsitrict
Sawaimadhopur (Rajasthan) (At Present Appellant
Confined At District Jail, Dausa)
                                                         ----Appellant
                                Versus
1.     State Of Rajasthan, Through P.p
2.     Diyanshurajvanshi            S/o      Sh.     Bhagwansahay,
       Resident       Of     Khorrapada,           Didwana,     Police
       Station Lalsot, District Dausa (Rajasthan)
                                                   ----Respondents

For Appellant(s) : Mr. Pushpendra Kumar Pandey, Adv.

For                      : Mr. Bhawani Shankar Sharma,
Respondent(s)              P.P. &
                           Mr. Kapil Gupta, Adv., for
                           complainant(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS

Judgment / Order

11/10/2023

The present criminal appeal under Section 14-A

of the Scheduled Castes & the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 has been filed in

connection with FIR No.294/2023 registered at Police

Station Lalsot, District Dausa for the offence under

Section(s) 143, 341, 342, 504 & 506 of IPC and

[2023:RJ-JP:28505] (2 of 3) [CRLAS-2844/2023]

under Section(s) 3(1)(R), 3(1)(S) & 3(2)(VA) of the

Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

It is contended by learned counsel for the

appellant that the appellant is innocent and has

falsely been implicated in this case. He further

submits that the accused-appellant has been in

judicial custody since long and the conclusion of the

trial will take long time, hence prays for his release

on bail.

Learned Public Prosecutor as well as the learned

counsel for the complainant(s) have opposed the

appeal.

Taking into consideration the overall facts and

circumstances of the case, but without expressing

any opinion on the merits and demerits of the case,

this Court deems it just and proper to enlarge the

appellant on bail.

The order dated 22.09.2023 passed by the

learned Special Judge, SC/ST (Prevention of

Atrocities Cases), Dausa (Rajasthan) is quashed and

set-aside and this appeal is accordingly allowed. It is

directed that accused appellant Vishnu Kumar

Swarnkar S/o Ramswarup Soni shall be released

on bail provided he furnishes a personal bond in the

[2023:RJ-JP:28505] (3 of 3) [CRLAS-2844/2023]

sum of Rs.1,00,000/- (Rupees One Lac Only)

together with two sureties in the sum of Rs.50,000/-

(Rupees Fifty Thousand Only) each to the satisfaction

of the learned trial Court with the stipulation that he

shall appear before that Court and any Court to

which the matter is transferred, on all subsequent

dates of hearing and as and when called upon to do

so and shall comply with all the conditions laid down

under Section 437(3) Cr.P.C.

(UMA SHANKER VYAS),J

DANISH USMANI /40

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