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2019 DIGILAW 1399 (RAJ)

Ajay Choudhary v. State, Through PP

2019-05-08

VIJAY BISHNOI

body2019
JUDGMENT 1. These criminal appeals 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) have been filed on behalf of the appellants being aggrieved with the orders dated 5.4.2019 and 23.4.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as trial court) in Criminal Misc. Case Nos. 85/2019 and 95/2019 whereby, the trial court has dismissed the bail applications filed on behalf of the appellants. 2. The appellants have been arrested in FIR No. 216/2017 of Police Station Shastri Nagar, Jodhpur for the offences punishable under Sections 365, 394, 323/34, 120-B IPC and Sections 3(1)(D) and 3(2)(va) of the SC/ST Act. 3. Learned counsel for the appellants has submitted that coaccused namely Manish Solanki @ Bansi, against whom, there are allegations of abduction and causing grievous injury has already been enlarged on bail. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellants in these criminal appeals. 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 appeals filed by the appellants under Section 14-A(2) of SC/ST Act. 7. Accordingly, these criminal appeals filed under Section 14- A(2) of SC/ST Act are allowed and the orders dated 5.4.2019 and 23.4.2019 passed by the trial court in Criminal Misc. Case Nos. 85/2019 and 95/2019 are set aside and it is directed that appellants Ajay Choudhary S/o Sh. Ramchandra Choudhary and Vikram Singh S/o Sh. Uttam Singh shall be released on bail in connection with FIR No. 216/2017 of Police Station Shastri Nagar, Jodhpur provided each of them executes 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 their appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.