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2022 Supreme(Raj) 2942
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Dinesh – Appellant
Versus
State of Rajasthan & Ors. – Respondent
S.B. Criminal Appeal No. 380 of 2022
Decided On : 13-05-2022
Important Points
Subject
Criminal Law - Bail Proceedings
Act Referred
INDIAN PENAL CODE : S.341, S.452, S.504, S.143, S.323
SCHEDULED CASTES AND SCHEDULED TRIBES PREVENTION OF ATROCITIES ACT : S.14(a)(2), S.3(1)(r)(s), S.3(2)(2)(v)(a)
Headnote
Bail - Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act - The court set aside the order rejecting the bail application and allowed the appeal, ordering the release of the accused on bail.
Fact of the Case:
The appellant filed an appeal under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act against the rejection of his bail application in connection with FIR No.18/2022.
Finding of the Court:
The court found that the order rejecting the bail application cannot be sustained and deserves to be set aside, and consequently allowed the appeal, ordering the release of the accused on bail.
Issues: The main issue was the rejection of the bail application filed on behalf of the appellant under Section 439 Cr.P.C.
Ratio Decidendi: The court considered the entirety of facts and circumstances of the case and the arguments advanced at the bar, and concluded that the order rejecting the bail application cannot be sustained.
Final Decision: The court allowed the appeal, setting aside the impugned order and ordering the release of the accused on bail.
Ravindra Acharya, Advocate, S.S.Rajpurohit, Advocate
JUDGMENT
Manoj Kumar Garg, J. - Heard learned counsel for the appellant as well as learned learned public prosecutor and perused the material available on record. Despite service, no one is present on behalf of the respondent No.2/complainant.
2. The instant appeal has been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.18/2022, Police Station Bhawanda, Distt. Nagaur for the offences under Sections 143, 341, 323, 452, 504 of IPC and Sections 3(1)(R)(S), (3)(2)(Va) of SC/ST act, against the order dated 30.03.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Merta (Link Court addl. Sessions Judge No.1, Nagaur) in Criminal Misc. Bail application No.58/2022 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected.
3. Learned counsel for the appellant submits that the appellant has not committed the offences as alleged against him and he is innocent. The appellant is in judicial custody and trial of the case will take sufficient long time. In these circumstances, the appellant may be released on bail.
4. Learned Public Prosecutor has opposed the prayer for bail.
5. Having regard to the entirety of facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.
6. Consequently, the instant appeal is allowed. The impugned order dated 30.03.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Merta (Link Court addl. Sessions Judge No.1, Nagaur) is set aside. It is ordered that the accused-appellant Dinesh S/o Ghewar Ram shall be released on bail in FIR No.18/2022, Police Station Bhawanda, Distt. Nagaur provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- 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.
