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2021 Supreme(Raj) 211

IN THE HIGH COURT OF RAJASTHAN
Pushpendra Singh Bhati, J.
Keshar Jat - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 24 of 2021
Decided on : 12-01-2021

Advocates appeared:
Trs Sodha, Advocate, Mahipal Bishnoi, Advocate

The court has the discretion to allow bail under Section 14-A of the SC/ST Act based on the totality of the facts and circumstances of the case.

Headnote:

SC/ST Act - Bail Appeal - The court allowed the appeal filed by the accused-appellant under Section 14-A of SC/ST Act and set aside the order of the trial court, directing the release of the appellant on bail.

Fact of the Case:

The appellant was arrested in connection with various offenses including those under the SC/ST (Prevention of Atrocity) Act.

Finding of the Court:

The court, without expressing any opinion on the merits of the case, allowed the appeal and directed the release of the appellant on bail.

Issues: The issue was the dismissal of the bail application by the trial court in connection with the offenses under the SC/ST Act.

Ratio Decidendi: The court considered the totality of the facts and circumstances of the case and deemed it just and proper to allow the appeal under Section 14-A of SC/ST Act.

Final Decision: The criminal appeal filed under Section 14-A(2) of SC/ST Act was allowed, and the order of the trial court was set aside, with the direction to release the appellant on bail.

JUDGMENT

Pushpendra Singh Bhati, J. - In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

2. Heard learned counsel for the parties and perused the record of the case.

3. This criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 02.01.2021 passed by the learned Special Judge, SC/ST Act Cases Bhilwara (hereinafter to be referred as 'trial court') in Criminal Misc. Case No.01/2021 whereby the trial court has dismissed the bail application filed on behalf of the appellant.

4. The appellant has been arrested in connection with FIR No.225/2020 of Police Station Raipur, District Bhilwara for the offence punishable under Sections 143, 341, 323, 427, 392 of IPC and Section 3(1)(r)(s) of SC/ST (Prevention of Atrocity) Act.

5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to allow the appeal filed by the accused-appellant under Section 14-A of SC/ST Act.

6. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 02.01.2021 passed by the learned Special Judge, SC/ST Act Cases Bhilwara is set aside. It is directed that appellant Keshar Jat S/o Sh. Jai Singh Jat shall be released on bail in connection with FIR No.225/2020 of Police Station Raipur, District Bhilwara provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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