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2021 DIGILAW 2143 (RAJ)

Mukesh v. State of Rajasthan

2021-11-16

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 appeals have 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.82/2020, Police Station Maroth, District Nagaur for the offences under Sections 147, 148, 149, 354, 302, 323, 341, 120-B of IPC and Sections 3(1)(r)(s)(w), 3(2)(Va) of SC/ST Act, against the order dated 31.03.2021 & 30.06.2021 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Merta in Criminal Misc. Case (Bail) No.64/2021 & 101/2021 respectively, whereby the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected. 3. Learned counsel for the appellants submits that the appellants have not committed the offences alleged as against them and they are innocent. It is further submitted that similarly situated co-accused Narayan Ram has already been granted bail by this Court and the case of the present appellants are not distinguishable from that of the co-accused. Challan of the case has already been presented. No investigation is pending. The appellant is now in judicial custody. 4. Per contra, learned Public Prosecutor and learned counsel for the complainant vehemently opposed the prayer made by the petitioner. 5. 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 appellants, cannot be sustained and deserves to be set aside. 6. Consequently, the instant appeal is allowed. The impugned order dated 31.03.2021 & 30.06.2021 passed by the Special Judge SC/ST (Prevention of Atrocities) Cases Merta is set aside. It is ordered that the accused appellant Mukesh S/o Rugha Ram and Rugha Ram S/o Motha Ram shall be released on bail in FIR No.82/2020, P.S.Maroth, District Nagaur provided each of them 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.