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2021 DIGILAW 1618 (RAJ)

Dharmendra Singh v. State Of Rajasthan

2021-09-02

MAHENDAR KUMAR GOYAL

body2021
JUDGMENT 1. The present criminal appeal under Section 14-A of the Schedule Castes/Schedule Tribes (Prevention of Atrocities) Act has been filed in connection with FIR No.43/2021 registered at Police Station Mandhan, District Bhiwadi for the offence under Section(s) 143, 323, 341 & 379 of IPC and Section 3(2)(va) of SC & ST (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989') and later on for the offence under Section(s) 323, 341 & 34 of IPC and under Section 3(1)(w)(s)-3(2)(va) of the Act of 1989. 2. Learned counsels for the appellants contended that they have falsely been implicated in this case. They submitted that the material on record does not disclose commission of offence under the provision of the Act of 1989. With regard to criminal antecedents, learned counsels for the appellants submitted that none of the offence(s) involves heinous offence. They submitted that the appellants are in custody since 25.07.2021, investigation as against them is complete and prays for their release on bail. 3. Learned Public Prosecutor has opposed the appeal. Taking into consideration the submissions advanced by learned counsel for the appellants, the nature of allegation against them, their length of custody and the material contained in the case diary; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the appellants on bail. 4. The order dated 26.07.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Alwar is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused appellants 1. Dharmendra Singh S/o Shri Budhram & 2. Ankit Singh S/o Shri Rajendra Singh shall be released on bail provided each of them shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.