Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Raj) 1314

IN THE HIGH COURT OF RAJASTHAN
Farjand Ali, J.
Vikram Singh - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Appeal (SB) No. 2586 of 2023
Decided On : 04-01-2024

Advocates:
Advocate Appeared:
For the Appellant : Mr. R.P. Singharia.
For the Respondent: Mr. Vikram Sharma, PP, Mr. Vinod Prajapat.

The court granted bail to the accused-appellant based on a compromise between the parties, emphasizing that no case was made out for incarceration.

Headnote:(A) SC/ST (Prevention of Atrocities) Act - Section 14A(2) - Appeal for bail - Accused-appellant contended that no case is made out against him and incarceration is unwarranted - The court found that the parties resolved their dispute by compromise - The appeal is allowed, and the impugned order is set aside, granting bail to the accused-appellant. (Paras 2, 5, 6)

ORDER :

Farjand Ali, J.

The jurisdiction of this Court has been invoked by way of filing an appeal under Section 14A(2) of SC/ST (Prevention of Atrocities) Act at the instance of accused-appellant. The requisite details of the matter are tabulated herein below:

S.No.	Particulars of the Case
1.	FIR Number	124/2023
2.	Concerned Police Station	Naal
3.	District	Bikaner
4.	offences alleged in the FIR	Sections 323, 327, 384, 447, 504 and 506 of IPC and 3(1)(r), 3(1)(s), 3(2) (va) and 3(2)(v) of the SC/ST Act
5.	offences added, if any	--
6.	Date of passing of impugned order	13.12.2023

2. It is contended on behalf of the accused-appellant that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-appellant and he has been made an accused based on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the appellant, learned Public Prosecutor as well as learned counsel for the complainant oppose the appeal and submits that the present case is not fit for enlargement of accused on bail.

4. Heard learned counsel for the appellant and learned Public Prosecutor as well as learned counsel for the complainant and perused the material available on record.

5. Pursuant to the order dated 21.12.2023, the parties have appeared before the Investigating officer for the purpose of verification of compromise. Now, the parties have resolved their dispute by way of compromise. In view of the compromise, this Court is of the opinion that the appellant deserves to be enlarged on bail.

6. Consequently, the instant appeal is allowed. The impugned order dated 13.12.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner is set aside. It is ordered that the accused-appellant- Vikram Singh S/o Shri Om Singh, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties 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.

7. The copy of the compromise deed be taken on record.

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