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2021 DIGILAW 2278 (RAJ)

Ummedsingh v. State of Rajasthan

2021-12-03

MANOJ KUMAR GARG

body2021
JUDGMENT Manoj Kumar Garg, J. - The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.182/2021, Police Station Rajiv Gandhi Nagar, District Jodhpur Metropolitan for the offences under Sections 452, 448, 506, 323, 341/34 IPC and Section 3(1)(r)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dated 21.10.2021 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Jodhpur Metropolitan whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Counsel for the appellant appeared and submits that similarly situated co-accused Bhom Singh has already been enlarged on bail and the case of the petitioner is similar to that of the co-accused. Accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. The learned court below has grossly erred in law and facts as well in declining to release the appellant on bail. 3. Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer for bail. 4. Heard learned counsel for the appellant and learned public prosecutor and also perused the material available on record. 5. Having regard to the entirety of facts and circumstances as available on record 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. 6. Consequently, the instant appeal is allowed. The impugned order dated 21.10.2021 passed by the learned Special Judge Scheduled Cast/Scheduled Tribe (Prevention of Atrocities Act Cases), Jodhpur Metropolitan is set aside. It is ordered that the accused-appellant Ummedsingh S/o Hemsingh arrested in connection with F.I.R. No.182/2021, Police Station Rajiv Gandhi Nagar, District Jodhpur Metropolitan shall be released on bail; 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.