HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Appeal No. 388/2022

1.

Jorawar Singh S/o Shri Ganpat Singh, Aged About 24

Years, Resident Of Village Manpura, Police Station

Masuda, District Ajmer (Raj) (At Present Accused

Confined In Central Jail, Ajmer)

2.

Shahrukh Khan Son Of Late Shri Mahboob Khan, Aged

About 24 Years, Resident Of Indra Colony, Police Station

Vijay Nagar, District Ajmer (Raj) (At Present Accused

Confined In Central Jail, Ajmer)

----Appellants

Versus

1.

State Of Rajasthan, Through Public Prosecutor

2.

Shri Suraj Son Of Shri Shyamlal, R/o Ganesh Mandir Ke

Pass, Harjan Basti, Bijainagar, Ajmer

----Respondents

For Appellant(s)

:

Mr. Shyam Bihari Gautam

For Respondent(s)

:

Mr. Kapil Prakash Mathur and

Mr. Anirudh Tyagi

Mr. C.G. Chopra, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

15/03/2022

1.

The instant appeal has been filed under Section 14A of

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

who are in custody in connection with FIR No.373/2021 at Police

Station Vijay Nagar, District Ajmer for the offence under Sections

143, 341, 323, 504, 427, 379 of IPC and Sections 3(1)(R), 3(1)

(S), 3(2)(VA) of SC/ST Act

2.

Heard learned counsel for the parties. Perused the material

available on record.

(2 of 2)

[CRLAS-388/2022]

3.

It is submitted by learned counsel for the appellants that bail

plea of co-accused has been allowed and the case of the

appellants is not distinguishable.

4.

Per contra, learned Public Prosecutor and learned counsel for

the complainant have opposed the bail application.

5.

Having regard to the totality of facts and circumstances as

available on record and upon a consideration of the arguments

advanced, I am of the opinion that the appellants deserves to be

enlarged on bail.

6.

Consequently, the instant appeal is allowed. The impugned

order dated 03.03.2022 passed by the Special Judge, SC/ST

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

that the accused-appellants-Jorawar Singh S/o Shri Ganpat

Singh and Shahrukh Khan Son Of Late Shri Mahboob Khan

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.

(FARJAND ALI),J

CHANDAN /320