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Rajasthan High Court · body

2019 DIGILAW 3025 (RAJ)

Vikram Singh 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 02.12.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi (Rajasthan) (hereinafter to be referred as 'trial court') in Criminal Misc. (Bail) Case No.506/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellants. 2. The appellants have been arrested in FIR No.101/2019 of Police Station Paldi-M, Distt. Sirohi for the offences punishable under Sections 148, 149, 341, 323, 307/34 IPC read with Section 3(2)(V), 3(2)(VA), of the SC/ST Act, 1989. 3. Learned counsel for the appellants has submitted that the complainant in his complaint has not specified the role of the appellants and omnibus allegations have been levelled against them. It is submitted that the appellants were not present at the scene of crime but their names have been mentioned in the FIR and also in the statements of the injured due to enmity. 4. Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal. 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 and after going through the charge-sheet, particularly the statements of injured in which no specific role has been assigned to the appellants, 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 02.12.2019 passed by the trial court in Criminal Misc. (Bail) Case No.506/2019 is set aside. It is directed that appellants Vikram Singh S/o Sambhu Singh, Dilip Singh S/o Sardar Singh Godi S/o Hari Singh and Joga Ram S/o Kachua Ram, shall be released on bail in connection with FIR No.101/2019 of Police Station Paldi-M, Distt. (Bail) Case No.506/2019 is set aside. It is directed that appellants Vikram Singh S/o Sambhu Singh, Dilip Singh S/o Sardar Singh Godi S/o Hari Singh and Joga Ram S/o Kachua Ram, shall be released on bail in connection with FIR No.101/2019 of Police Station Paldi-M, Distt. Sirohi 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 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.