Kamlesh Kumar v. State of Rajasthan, Through P. P.
2019-04-11
VIJAY BISHNOI
body2019
DigiLaw.ai
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 21.02.2019 and amended order dated 15.03.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi (hereinafter to be referred as trial court) in Criminal Misc. (Bail) Case No. 80/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellants have been arrested in FIR No. 93/2018 of Police Station Reodar, District Sirohi for the offences punishable under Sections 143, 323, 365, 308, 325/109, 367 IPC and 3(2)(Va), 3(2)(V) of SC/ST Act. 3. Learned counsel for the appellants has submitted that charge-sheet has been filed in the matter and all the coaccused persons have already been enlarged on bail. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in this criminal appeal. 5. Heard learned counsel for the appellants 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 appellants 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 21.02.2019 and amended order dated 15.03.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi (hereinafter to be referred as trial court) in Criminal Misc. (Bail) Case No. 80/2019 are set aside. It is directed that appellants Kamlesh Kumar S/o Bhurdanji and Deep Singh S/o Vachan Singh shall be released on bail in connection with FIR No. 93/2018 of Police Station Reodar, District Sirohi provided they shall be enlarged on bail provided each of them furnishes a personal bond in a sum of Rs. 50,000/- with two sound and solvent sureities of Rs.
50,000/- with two sound and solvent sureities of Rs. 25,000/- each to the satisfaction of the concerned I.O./S.H.O. on the following conditions:- (i) They shall make themselves available for interrogation by Investigating Officer as and when required; (ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer; (iii) They shall not leave India without the previous permission of the Court.