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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Appeal (Sb) No. 1784/2023

Babulal S/o Lt. Sh. Shankarlal Kachoriya, Aged About 31 Years,

Vill. Surdhna Chauhanan, P.s. Deshnok, Dist. Bikaner (Raj.).

(Presently Lodged In Central Jail, Bikaner).

----Appellant

Versus

1.

State Of Rajasthan, Through Pp

2.

Ummed Singh S/o Hadman Singh, B/c Rajput, R/o Vill.

Surdhna Chauhanan, P.s.deshnok, Dist. Bikaner (Raj.)..

----Respondents

For Appellant(s)

:

Mr. H.S.S. Kharlia, Sr. Advocate

assisted by Mr. Rajendra Kachhwaha

For Respondent(s)

:

Ms. Anita Gehlot, PP

Mr. Devendra Mahlana, for respondent

No.2

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

18/09/2023

Heard learned counsel for the appellant, learned Public

Prosecutor as well as counsel for the respondent No.2 and perused

the material available on record.

The instant appeal has been filed under Section 14A of

SC/ST Act on behalf of the appellant, who is in custody in

connection with FIR No.49/2022, Police Station Deshnok, District

Bikaner for the offences under Sections 302, 307, 325, 341, 323,

427, 147, 148 and 149 IPC and Sections 3(2)(V) and 3(2)(VA) of

SC & ST (Prevention of Atrocities) Act and against the order dated

25.07.2023 passed by learned Special Judge, SC/ST (Prevention

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of Atrocities) Cases, Bikaner whereby the bail application preferred

under Section 439 Cr.P.C. on behalf of the appellant was rejected.

It has been submitted on behalf of the appellant that in the

first dying declaration recorded on 28.04.2022, deceased Girdhari

did not mention the name of present appellant whereas specific

allegation was levelled against Omprakash and Dhanraj but in the

Second dying declaration, which was also recorded on 28.04.2022

before the learned Magistrate, the present appellant was named

by the deceased. Counsel further submits that the Police recorded

the statement of complainant Umed Singh as well as injured

Narayan Singh, Modaram and Omprakash, who also named as

many as twelve accused persons, but the Police after investigation

filed challan against only five accused persons. It is further

submitted that complainant filed an application under Section 190

Cr.P.C. for summoning of accused persons, but the said application

was rejected by the learned Special Court SC/ST (Prevention of

Atrocities)-Addl. District & Sessions Judge, Bikaner on 21.10.2022.

Counsel further argued that two accused persons, Radheyshyam

and Ghanshyam have been enlarged on bail and the case of

present appellant is not distinguishable from that of co-accused.

The accused-appellant is in judicial custody since 30.04.2022 and

the trial of the case will take sufficient long time to be concluded.

Therefore, the benefit of bail should be granted to the accused-

appellant.

Learned Public Prosecutor and counsel for the respondent

NO.2 have opposed the prayer for bail and submits that as per the

statement of witnesses Laxman Singh and Prem Singh, there is

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specific allegation against the present appellant, therefore, the

present application may kindly be rejected.

Having regard to the entirety of facts and circumstances as

available on record 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.

Consequently, the instant appeal is allowed. The impugned

order dated 25.07.2023 passed by learned Special Judge SC/ST

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

that the accused-appellant Babulal S/o Late Shri Shankarlal

Kachoriya, arrested in connection with FIR No.49/2022, Police

Station Deshnok, District Bikaner shall be released on bail;

provided he furnishes a personal bond of Rs.1,00,000/- and two

sure