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2021 DIGILAW 1908 (RAJ)

Insaf v. State of Rajasthan

2021-10-01

MANOJ KUMAR GARG

body2021
JUDGMENT Manoj Kumar Garg, J. - Heard learned counsel for the appellant and learned public prosecutor. Perused the material available on record. 2. The instant appeal has been filed under Section 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.158/2021, Police Station Udaimandir, 3. District Jodhpur, for the offences under Sections 143, 323, 452, 386, 379, 354, 365 of IPC and under Section 3(2) (va) of Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Act against the order dated 26.08.2021 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Jodhpur in Criminal Misc. Case Bail Case No.274/2021 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected. 4. Learned counsel for the appellant submits that the appellant has not committed the offences as alleged against him and he is innocent. The learned court below has grossly erred in law and facts as well as in declining to release the appellant on bail. It is also submitted that compromise has arrived between the parties and co accused have already been granted bail, so the appellant may be released on bail. 5. Learned Public Prosecutor has opposed the prayer for bail made by the appellant. 6. Having regard to the entirety of facts and circumstances of the case and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside. 7. Consequently, the instant appeal is allowed. The impugned order dated 26.08.2021 passed by the Special Judge SC/ST (Prevention of Atrocities) Cases, Jodhpur is set aside. It is ordered that accused-appellant Insaf S/o Sh. Mohammad Ali shall be released on bail in FIR No.158/2021, P.S. Udaimandir, District Jodhpur, provided he furnishes a personal bond of Rs.1,00,000/-and two surety bonds of Rs.50,000/- 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.