Research › Search › Judgment

Rajasthan High Court · body

2019 DIGILAW 1049 (RAJ)

Harish v. State of Rajasthan, Through PP

2019-04-05

VIJAY BISHNOI

body2019
JUDGMENT 1. This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as the SC/ST Act) has been filed on behalf of the appellants being aggrieved with the order dated 30.03.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur (hereinafter to be referred as trial court) in Criminal Misc. (Bail) Case No. 132/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 409/2017 of Police Station Ambamata, District Udaipur for the offences punishable under Sections 420, 467, 468, 471 and 120-B of IPC and Sections 3(1)(g)(r)(s) and Section SC/ST Act. 3. Learned counsel for the appellants has submitted that all the accused persons have already been enlarged on bail and the case of the present appellants is not distinguishable from all those accused persons who have already been enlarged on bail. 4. Learned Public Prosecutor as well as counsel for the complainant have opposed the bail application, however, not in a position to dispute the fact that the case of the appellants is not distinguishable from those accused persons. 5. Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record. 6. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act. 7. Accordingly, this criminal appeal filed under Section 14- A(2) of SC/ST Act is allowed and the order dated 30.03.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur in Criminal Misc. (Bail) Case No. 132/2019 is set aside. It is directed that appellants Harish S/o Fakir Chand Choudhary and Vishal Patel S/o Jagannath Patel shall be released on bail in connection with FIR No. 409/2017 of Police Station Ambamata, District Udaipur provided they execute a personal bond in the sum of Rs. 50,000/- with two sound and solvent sureties of Rs. 25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.