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2021 DIGILAW 1027 (RAJ)

Lokendra Singh v. State Of Rajasthan

2021-07-06

DEVENDRA KACHHAWAHA

body2021
JUDGMENT 1. The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.14/2021, Police Station Diholi, District Dholpur for the offences under Sections 147, 148, 149, 323, 341, 302 of I.P.C. and Sections 3(1)(s), 3 (1) (r), 3(2) (va) and 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act (later on charge-sheet has been filed for the offences under Sections 147, 148, 149, 323, 341, 302 of IPC and Sections 3-1- (R)-(S), 3-2-(VA), 3-2-(v) of SC/AT Act), against the order dated 18.05.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Heard learned counsel for the appellant and learned Public Prosecutor as well as learned counsel for the complainant appearing through video conferencing. Perused the material available on record. 3. Learned counsel for the appellant stated that benefit of bail has already been granted to co-accused Samundar Singh and Gambhir Singh by a co-ordinate Bench of this Court in S.B. Crl. Appeal No. 875/2021 and 862/2021 vide order dated 25.05.2021; allegations against the petitioner are similar in nature to that of co-accused Samundar Singh; grievous injury has been caused by co-accused Rahul; injury attributed to Bidha Ram is simple in nature. Therefore, benefit of bail may be granted to the accused- appellant. 4. Per contra, learned Public Prosecutor present in person and counsel for the complainant appearing through video conferencing seriously opposed the bail application and stated that total five persons injured in this case and accused collectively assaulted by the injured. 5. Having regard to the entirety of facts and circumstances of the case and particularly to the fact that injury attributed to the appellant is simple in nature and benefit of bail has already been granted to the co-accused; therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the appellant deserves to be enlarged on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 18.05.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur is set aside. 6. Consequently, the instant appeal is allowed. The impugned order dated 18.05.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Dholpur is set aside. It is ordered that the accused-appellant Lokendra Singh Son of Shri Vishambhar, arrested in connection with F.I.R. No.14/2021, Police Station Diholi, District Dholpur shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.