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2021 DIGILAW 1628 (RAJ)

Mukat v. State Of Rajasthan

2021-09-03

MAHENDAR KUMAR GOYAL

body2021
JUDGMENT 1. The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act has been filed in connection with FIR No.208/2021 registered at Police Station Sadar, Hindaun, District Karauli for the offence under Section(s) 323 & 341 of IPC and Section(s) 3(1)(r), 3(1)(s) & 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 & 302/34 of IPC and under Section 3(2)(v) of the Act of 1989. 2. Learned counsels for the appellant contended that the incident occurred at spur of moment without any premeditation. Drawing attention of this Court towards the FIR and statements of the prosecution witnesses recorded under Section 161 Cr.P.C., learned counsels submitted that only injury on the person of deceased Kalla @ Dhansingh has been attributed to co-accused. They submitted that the appellant is in custody since 11.04.2021, charge sheet has been filed, trial of the case will take time, he has no criminal antecedents and prayed for his release on bail. 3. Opposing the bail application, learned Public Prosecutor assisted by the learned counsel for the complainant submitted that the appellant assisted the co-accused in causing death of Kalla @ Dhansingh and hence, he does not deserve indulgence of bail. 4. Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the appellant, his length of custody, the material contained in the charge sheet especially the statements of the prosecution witnesses recorded under Section 161 Cr.P.C, postmortem report of the deceased Kalla @ Dhansingh and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the appellant on bail. 5. The order dated 27.07.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Karauli (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. 5. The order dated 27.07.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Karauli (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Mukat S/o Guman Gurjar shall be released on bail provided he furnishes 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 he 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.