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2019 DIGILAW 3012 (RAJ)

Ummeda Ram @ Ameda Ram v. State

2019-12-16

VIJAY BISHNOI

body2019
JUDGMENT Vijay Bishnoi, J. - 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 04.12.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.355/2019, whereby, the trial court has dismissed the bail application filed on behalf of the appellants. 2. The appellants have been arrested in FIR No.264/2019 of Police Station Lohawat, District Jodhpur for the offences punishable under (2 of 2) [CRLAS-1668/2019] Sections 341, 323, 384/34 of IPC and Sections 3(1)(S) and Section 3(12)(Va) of SC/ST Act. 3. Learned Public Prosecutor as well as counsel for the complainant have opposed the prayer made on behalf of the appellants in this criminal appeal. 4. Heard learned counsel for the appellants as well as learned Public Prosecutor and also perused the material on record. 5. 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. 6. Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 04.12.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.355/2019 is set aside. It is directed that appellants -Ummeda Ram @ Ameda Ram S/o Nukla Ram, Jagdish Lal S/o Nukla Ram and Mangi Lal S/o Kailash shall be released on bail in connection with FIR No.264/2019 of Police Station Lohawat, District Jodhpur 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 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.