Research › Search › Judgment

Rajasthan High Court · body

2021 DIGILAW 2330 (RAJ)

Dilip Singh v. State of Rajasthan

2021-12-15

MANOJ KUMAR GARG

body2021
JUDGMENT Manoj Kumar Garg, J. - Heard learned counsel for the appellants and the learned Public Prosecutor as well as counsel for the complainant and perused the material available on record. 2. The instant appeals have been filed under Section 14A of SC/ST Act on behalf of the appellants, who are in custody in connection with FIR No.149/2021, Police Station Barloot, District Sirohi for the offences under Sections 153-a and 295 of IPC and Section 3(1)(t) of SC/ST (Prevention of Atrocities) Act, 1989 against the order dated 07.12.2021 passed by learned Special Judge, SC/ST Act Cases, Sirohi, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected. 3. It has been submitted on behalf of the appellants that the appellants have falsely been implicated in this case. The accused-appellants are 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-appellants. 4. Learned Public Prosecutor as well as counsel for the complainant have opposed the prayer for bail. 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 appellants, cannot be sustained and deserves to be set aside. 6. Consequently, the instant appeals are allowed. The impugned order dated 07.12.2021 passed by learned Special Judge SC/ST Act Cases, Sirohi is set aside. It is ordered that the accused-appellants (1) Dilip Singh S/o Ganpat Singh & (2) Ganpat Singh @ Mahendra Singh S/o Shri Bheru Singh arrested in connection with FIR No.149/2021, Police Station Barloot, District Sirohi shall be released on bail; provided they furnish personal bond of Rs.1,00,000/- each and two sureties bond 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.