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[CRLAS-724/2021]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Appeal No. 724/2021

Devi Singh S/o Shri Nimb Singh, Aged About 28 Years, B/c

Rajput, R/o Sihdar, Police Station Zhinzhinyali, Tehsil Fatehgarh,

District Jaisalmer (Raj.)

(Presently Lodged In District Jail, Jaisalmer)

----Appellant

Versus

1.

State, Through The Special P.p.

2.

Rahul Verma S/o Shri Ram Narayan Verma, B/c Balai, R/o

Fulera Kheriram, Chakki Wale Ki Dhani, Fulera, Jaipur

Grameen (Raj.) At Presently At Mahendra Company Lawa,

Tehsil Pokaran, District Jaisalmer (Raj.)

----Respondents

Connected With

S.B. Criminal Appeal (Sb) No. 661/2021

1.

Manohar Singh S/o Shri Kishor Singh, Aged About 26

Years, B/c Rajput, R/o Jhaloda Bhatiyan, Tehsil

Bhaniyana, Ps Phalsund, Dist. Jaisalmer (Raj.) (Presently

Lodged In District Jail, Jaisalmer)

2.

Bharat Singh S/o Shri Prahlad Singh, Aged About 24

Years, B/c Rajput, R/o Bhagwatipura, Sardar Singh Ki

Dhani, Tehsil Bhaniyana, Ps Bhaniyana, Dist. Jaisalmer

(Raj.) (Presently Lodged In District Jail, Jaisalmer)

3.

Bhawani Singh @ Bhanu Singh S/o Shri Bhagwan Singh,

Aged About 30 Years, B/c Rajput, R/o Jemla, Tehsil

Bhaniyana, Ps Bhaniyana, Dist. Jaisalmer (Raj.)

(Presently Lodged In District Jail, Jaisalmer)

----Appellants

Versus

1.

State, Through Pp

2.

Rahul Verma S/o Shri Ram Narayan Verma, B/c Balai, R/o

Fulera Kheriram, Chakki Wale Ki Dhani, Fulera, Jaipur

Grameen (Raj.) At Present At Mahendra Company Lawa,

Tehsil Pokaran, Dist. Jaisalmer (Raj.)

----Respondents

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For Appellant(s)

:

Mr. H.S. Bhati

Mr. Gulab Singh Bhati

For Respondent(s)

:

Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

26/08/2021

Learned Public Prosecutor has submitted copy of notice. As

per that copy of notice, service upon respondent No.2 has

completed. Despite service, none appears on behalf of respondent

No.2.

The instant appeals have been filed under Section 14A(2)

SC/ST (Prevention of Atrocities) Act on behalf of the appellants,

who are in custody in connection with FIR No.104/2021, Police

Station Pokaran, District Jaisalmer for the offences under Sections

143, 323, 365 & 342 of I.P.C. and Sections 3(1)(R), 3(1)(S) &

3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the

order dated 02.08.2021 passed by the Special Judge, SC/ST

(Prevention of Atrocities) Cases, Jaisalmer, whereby, the bail

application preferred under Section 439 Cr.P.C. on behalf of the

appellants was rejected.

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellants stated that appellants

have falsely been implicated in this case; that in the FIR, there is

no allegation of quarrel as well as abusing the complainant party;

accused-appellants are in judicial custody since 29.07.2021;

Lastly, learned counsel has submitted that all these aspects have

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not at all been examined by the learned trial Court while rejecting

the bail application of the appellants.

Learned Public Prosecutor has opposed the appeals but does

not controvert the arguments advanced by learned counsel for the

appellants.

Having heard learned counsel for the parties and taking into

account all the facts and circumstances of the case, I feel

persuaded to set aside the impugned order.

Consequently, the instant appeals are allowed. The impugned

order dated 02.08.2021 passed by the Special Judge, SC/ST

(Prevention of Atrocities) Cases, Jaisalmer is set aside. It is

ordered that the accused-appellants, (1) Devi Singh S/o Shri Nimb

Singh,(2) Manohar Singh S/o Shri Kishor Singh,(3) Bharat Singh

S/o Shri Prahlad Singh, and (4) Bhawani Singh @ Bhanu Singh

S/o Shri Bhagwan Singh, arrested in connection with F.I.R. No.

104/2021, Police Station Pokaran, District Jaisalmer shall