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2021 Supreme(Raj) 436

IN THE HIGH COURT OF RAJASTHAN
Sandeep Mehta, J.
Anna Singh @ Anveer Singh - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 175 of 2021
Decided on : 23-03-2021

Advocates appeared:
Vikram Singh, Advocate, A.R. Choudhary, Advocate

The main legal point established in the judgment is that the appellants are entitled to be released on bail based on the assessment of the injuries and the overall facts and circumstances of the case.

Headnote:

SC/ST (Prevention of Atrocities) Act - Bail Application - Appellants entitled to be released on bail

Fact of the Case:

The appellants filed an appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015, aggrieved of the order rejecting their bail application in connection with FIR No.563/2020.

Finding of the Court:

After perusing the injury report and considering the overall facts and circumstances of the case, the Court found that the appellants are entitled to be released on bail.

Issues: The main issue was whether the appellants should be granted bail in connection with the offences under Sections 341, 323, 307, 34 IPC and Sections 3(1)(r)(s), 3(2)(v), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

Ratio Decidendi: The Court's decision was influenced by the injury report, which indicated that the injuries were not grievous in nature, and the overall facts and circumstances of the case.

Final Decision: The appeal was allowed, the order rejecting the bail application was set aside, and the accused-appellants were ordered to be released on bail during the pendency of the trial.

JUDGMENT

Sandeep Mehta, J. - Learned Public Prosecutor has placed on record the report regarding the service of notice of the appeal upon the complainant/respondent No.2. However, no one has appeared on his behalf despite service.

2. Heard. Perused the material available on record.

3. This appeal has been preferred on behalf of the appellants under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act 2015 being aggrieved of the order dated 01.02.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Rajsamand in Cr. Misc. Bail Application No.07/2021 (CIS No.35/2021) rejecting the bail application preferred on behalf of the appellants who are in custody in connection with FIR No.563/2020, Police Station Bhim, District Rajsamand, for the offences under Sections 341, 323, 307, 34 IPC and Sections 3(1)(r)(s), 3(2)(v), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

4. On a perusal of the injury report of the injured Shrawanlal, it is apparent that three abrasions were found on his person, none of which, was opined to be grievous in nature after x-ray.

5. In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that the appellants are entitled to be released on bail.

6. Consequently, the appeal is allowed. The order dated 01.02.2021 is set aside and it is ordered that the accusedappellants (1) Anna singh @ Anveer Singh S/o Shri Moti Singh (2) Dau Singh S/o Shri Moti Singh, (3) Chain Singh S/o Shri Moti Singh & (4) Ishwar Singh S/o Shri Anna Singh @ Anveer Singh arrested in connection with FIR No.563/2020 Police Station Bhim, District Rajsamand shall be released on bail during pendency of the trial; provided each of them 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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