Radha Kishan Saini v. State of Rajasthan, Through PP
2019-04-12
VIJAY BISHNOI
body2019
DigiLaw.ai
JUDGMENT 1. This criminal appeal under Section 14A(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 appellant being aggrieved with the order dated 5.4.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta (hereinafter to be referred as trial court) in Criminal Misc. Bail Application No. 82/2019 whereby the trial court has dismissed the bail application filed on behalf of the appellant. 2. The appellant has been arrested in FIR No. 276/2012 of Police Station Kotwali, Nagaur, for the offences punishable under Sections 330, 342 I.P.C. & Section 3(I)(X) of SC/ST Act. 3. Learned counsel for the appellant has submitted that co accused persons have already been enlarged on bail by this Court and the case of the appellant is not distinguishable from that of co-accused. 4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the prayer made on behalf of the appellant in this criminal appeal. 5. Heard learned counsel for the appellant, learned Public Prosecutor as well as learned counsel for the complainant 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 accused 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 5.4.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta in Criminal Misc. Bail Application No. 82/2019 is set aside. It is directed that appellant Radha Kishan Saini S/o Uma Shankar shall be released on bail in connection with FIR No. 276/2012 of Police Station Kotwali, Nagaur provided he executes a personal bond in a 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.