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IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Ramprasad - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 93 of 2021
Decided on : 06-04-2021
Bail Appeal - SC/ST (Prevention of Atrocities) Act - The court allowed the bail appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015, setting aside the order rejecting the bail application for the appellant who was in custody for serious offenses.
Fact of the Case:
The appellant filed a bail appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 after the rejection of the bail application by the Special Judge. The appellant was in custody in connection with serious offenses under the IPC and the SC/ST (Prevention of Atrocities) Act.
Finding of the Court:
The court, without commenting on the merits of the case, opined that the appellant deserved bail during the trial and allowed the appeal, setting aside the previous order. The appellant was ordered to be released on bail upon furnishing the required bonds and complying with the stipulations.
Issues: The main issue was whether the appellant should be granted bail during the pendency of the trial for serious offenses under the IPC and the SC/ST (Prevention of Atrocities) Act.
Ratio Decidendi: The court's decision was influenced by the provisions of Section 14-A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015, which allows for bail in certain circumstances. The court also considered the submissions advanced at bar and reviewed the challan papers.
Final Decision: The appeal was allowed, and the order rejecting the bail application was set aside. The appellant was ordered to be released on bail upon fulfilling the specified conditions.
JUDGMENT
Sandeep Mehta, J. - Notice of the bail appeal has been served upon the respondent No.2/complainant. However, no one has appeared on his behalf despite service.
2. This appeal has been preferred on behalf of the appellant under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 16.01.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi in Criminal Misc. Application No.19/2021 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.170/2020, Police Station Abu Road RIICO, Sirohi, for offences under Sections 363, 366 and 376 of the IPC and under Sections 3(2)(v) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.
3. After considering the submissions advanced at bar and after going through the challan papers, but without commenting on the merits of the case, I am of the opinion that the appellant deserves indulgence of bail during trial.
4. Consequently, the appeal is allowed. The order dated 16.01.2021 is set aside and it is ordered that the accusedappellant Ramprasad S/o Shri Jitan Yadav arrested in connection with FIR No.170/2020 Police Station Abu Road RIICO, District Sirohi shall be released on bail during pendency of the trial; provided he furnishes personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
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