[2023/RJJP/010701]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Appeal No. 552/2023

1.

Ashok Kumar S/o Kartar Singh, Aged About 26 Years, R/o

Kankra Bardod, Police Station Behror, District Alwar (Raj)

2.

Manjeet Choudhary S/o Deshram Chaudhary, Aged About

25 Years, R/o Jaguwas Police Station Behror, District

Alwar (Raj)

(Currently In Judicial Custody At Central Jail, Alwar)

----Appellants

Versus

1.

State Of Rajasthan, Through P.p

2.

Vijaypal S/o Sultan, R/o Madlana, Police Station Narnaul

City, District Mahendragarh, Haryana

----Respondents

For Appellant(s)

:

Mr.Sumer Singh Ola, Adv.

For Respondent(s)

:

Mr.Babu Lal Nasuna, PP

Mr.Harendra Singh, Adv.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

12/05/2023

Heard learned counsel for the appellants as well as learned

learned public prosecutor and learned counsel for the complainant.

Perused the material available on record.

The instant appeal has been filed under Section 14A (2)

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act on behalf of the appellants, who are in custody in

connection with FIR No.96/2023, Police Station Behror, District

Bhiwadi for the offences under Sections 382, 458, 323, 341, 34 of

IPC (offences mentioned in impugned order u/Sec. 394, 458, 459,

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341, 323, 325, 308, 427/34 of IPC and Section 3(2)(V) of SC/ST

Act, against the order dated 08.03.2023 passed by the learned

Special Judge SC/ST (Prevention of Atrocities) Cases, Alwar in

Criminal Misc. (Bail) Application No.75/2023 whereby, the bail

application preferred on behalf of the appellants under Section

439 Cr.P.C. was rejected.

Learned counsel for the appellant submits that the appellants

have not committed the offences as alleged against them and they

are innocent. The learned court below has grossly erred in law and

facts as well as in declining to release the appellants on bail. The

appellants are in judicial custody and continued detention of the

appellant is now not warranted for any purpose. The trial of the

case will take sufficient long time. Therefore, the benefit of bail

may be granted to the accused-appellants.

Learned Public Prosecutor has opposed the prayer for bail.

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 appellants, cannot be

sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned

order dated 08.03.2023 passed by the learned Special Judge

SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is

ordered that the accused appellants (1) Ashok Kumar S/o Kartar

Singh and (2) Manjeet Choudhary S/o Deshram Chaudhary shall

be released on bail in FIR No.No.96/2023, Police Station Behror,

District Bhiwadi provided each of them furnishes a personal bond

of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each to the

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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.

(MANOJ KUMAR GARG),J

189 NK