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2021 DIGILAW 1831 (RAJ)

Bharat Kumar v. State of Rajasthan

2021-09-24

RAMESHWAR VYAS

body2021
JUDGMENT Rameshwar Vyas, J. - No one has put in appearance on behalf of the respondent No. 2 despite service of notice upon her. 2. The instant criminal appeal has been filed under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellants, who are in custody in connection with F.I.R. No. 380/2021, Police Station Bhinmal, District Jalore for the offences under Sections 341, 323, 504, 506 & 307 of I.P.C. and Sections 3(1)(R)(S) & 3(2)(VA) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 18.08.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Jalore whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellants was rejected. 3. Heard learned counsel for the appellants and learned Public Prosecutor. Perused the material available on record. 4. Learned counsel for the appellants submits that the present F.I.R. has been lodged in counter blast of the F.I.R. lodged by the appellants? party for the offences under Sections 341 & 323 of I.P.C. He further submits that as per injury report of the injured Jagdish, the Injury Nos. 1, 2 & 6 are, though, grievous in nature caused by blunt object but not dangerous to life. He further submits that no offence under Section 307 of I.P.C. is made out. There is no criminal antecedents against the appellants. He, therefore, prays that the appeal of the appellants may be allowed and they may be enlarged on bail. 5. Learned Public Prosecutor opposes the appeal. 6. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellants deserves to be accepted. 7. Consequently, the instant criminal appeal is allowed. The impugned Order dated 18.08.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Jalore is set aside. 7. Consequently, the instant criminal appeal is allowed. The impugned Order dated 18.08.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Jalore is set aside. It is ordered that the accused-appellants (1) Bharat Kumar S/o Chhoga Ram and (2) Lalchandra S/o Chhoga Ram arrested in connection with F.I.R. No. 380/2021, Police Station Bhinmal, District Jalore shall be released on bail provided each of them 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 trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.