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2021 DIGILAW 2182 (RAJ)

Vikas v. State of Rajasthan

2021-11-20

SUDESH BANSAL

body2021
JUDGMENT Sudesh Bansal, J. - Notice of the appeal has been served upon the respondent No.2. Mr. Kuldeep Sharma puts in appearance on behalf of respondent No.2. 2. Heard the learned counsels and perused the material available on record. 3. This appeal has been preferred on behalf of the appellant under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 being aggrieved of the order dated 30.10.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sriganganagar in Criminal Case No.398/2021 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.314/2021 of Police Station Nai Mandi Gharsana, District Sriganganagar, for offences under Sections 341, 354 & 354 D IPC and Section 3 (1)(W)(i) SC/ ST (Prevention of Attrocities) Act. 4. Learned counsel for the appellant submits that the offences under the IPC alleged against the appellant are triable by a Magistrate and the appellant is in judicial custody since his arrest and conclusion of investigation/trial may take its own time. 5. Learned Public Prosecutor as well as learned counsel for the complainant have opposed the appeal. 6. In this background and having regard to the overall facts and circumstances of the case, particularly looking to the fact that the offences under IPC alleged against the appellant are triable by a Magistrate and the appellant is in judicial custody since his arrest and conclusion of investigation/trial may take its own time, this Court is of the opinion that the appellant deserves indulgence of bail in this case. 7. Consequently, the appeal is allowed. The order dated 30.10.2021 is set aside and it is ordered that the accused-appellant Vikas S/o Sh. Hanuman Prasad arrested in connection with FIR No.314/2021 of Police Station Nai Mandi Gharsana, District Sriganganagar shall be released on bail during pendency of the trial; provided he furnishes personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.