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2019 DIGILAW 398 (RAJ)

Dhanna Ram v. State of Rajasthan

2019-02-04

VIJAY BISHNOI

body2019
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 appellants being aggrieved with the order dated 19.01.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Merta (hereinafter to be referred as trial court) in Criminal Misc. (Bail) Case No. 32/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellants. 2. The appellants have been arrested in FIR No. 13/2019 of Police Station Kuchaman City, District Nagaur for the offences punishable under Sections 143, 332, 353, 336 and 504 IPC and Section 3 of PDP Act and Section 3(2)(va) of SC/ST Act. 3. Learned Public Prosecutor has 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 accused appellants 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 19.01.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Merta in Criminal Misc. (Bail) Case No. 32/2019 is set aside. It is directed that appellants (1) Dhanna Ram S/o Hanuman Ram, (2) Shrawan Ram S/o Ratan Lal, (3) Narayan S/o Girdhari and (4) Ram Niwas S/o Sukharam shall be released on bail in connection with FIR No. 13/2019 of Police Station Kuchaman City, District Nagaur provided each of them 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 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.