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2021 DIGILAW 1965 (RAJ)

Mandeep v. State of Rajasthan

2021-10-18

PRAKASH GUPTA

body2021
JUDGMENT Prakash Gupta, J. - This Cr. Appeal has been filed by the appellants under Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989. 2. Facts of the case are that a complaint was submitted by the complainant, on the basis of which FIR No. 234/2021 was registered at Police Station, Rajgarh, Distt. Churu for the offence under Sections 323, 452, 365, 342, 34, 354 (b) IPC and Sections 3(1) (a), 3(1)(e) and 3(1)(w)(i) of SC/ST Act (later on offence under Sections 323, 447, 365, 367, 34 IPC and Section 3(2)(Va) and 3(2)(V) of SC/ST Act was found to have been made out). The appellants filed the bail application before the trial court, which came to be dismissed vide order dated 1.9.2021. Hence, this appeal. 3. Learned counsel for the appellants submits that the appellants are innocent. He further submits that in order to commit theft, the complainant entered into the house of the appellants and when he was trying to flee away, he sustained injuries. In this regard, FIR was also lodged against him. As a counter blast, the present FIR has been lodged by him against the accused appellants. The appellants are in judicial custody since long and the conclusion of trial is likely to take long time. Hence, they be released on bail. 4. Despite service, none has appeared for the complainant, although learned PP appearing for the State has opposed the bail. 5. Considering the submissions of learned counsel for the parties and taking into consideration the facts and circumstances of the case, I deem it just and proper to release the appellants on bail. 6. Accordingly, this appeal is allowed; the order dated 1.9.2021 passed by the trial court is quashed and set-aside and it is directed that the accused appellants (1) Mandeep S/o Jagram; and (2) Mandeep S/o Rampal shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs. 50,000/-with two sureties of Rs. 25,000/- each to the satisfaction of the trial court with the stipulation that they shall appear before that court on all subsequent dates of hearing and as and when called upon to do so.