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2019 DIGILAW 1048 (RAJ)

Dunga Ram v. State of Rajasthan

2019-04-05

VINIT KUMAR MATHUR

body2019
JUDGMENT 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 88/2016, Police Station Jaswantpura, District Jalore for the offences under Sections 147, 148, 341, 323, 324, 326 & 307 of the I.P.C. and Section 3(2)(VA) of the SC/ST (Prevention of Atrocities) Act against the order dated 08.01.2019 passed by the Special Judge, SC/ST Act Cases, Jalore, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Heard. Perused the material available on record. 3. It is submitted by learned counsel for the appellant that after the rejection of the first criminal appeal(bail) vide order dated 18.07.2018, the statement of the last prosecution witness has been recorded on 15.02.2018 and thereafter, the trial has not been proceeded and no testimony of any witness has been recorded. He further submits that except one grievous injury sustained by injured Vikram Singh, all the injuries are simple in nature. He further submits that Vikram Singh himself is a history sheeter and number of cases are pending against him. 4. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail. 5. Consequently, the instant appeal is allowed. The impugned order dated 08.01.2019 passed by the Special Judge, SC/ST Act Cases, Jalore is set aside. It is ordered that the accused-appellant Dunga Ram S/o Heera Ram arrested in connection with FIR No. 88/2016, Police Station Jaswantpura, District Jalore shall be released on bail; 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.