Research › Search › Judgment

Rajasthan High Court · body

2021 DIGILAW 47 (RAJ)

Omprakash @ Omaram v. State Of Rajasthan

2021-01-06

VINIT KUMAR MATHUR

body2021
JUDGMENT Vinit Kumar Mathur, J. - Lawyers are not appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). 2. The notices in the present case were issued to the respondent No. 2/complainant on 16.09.2020. However, nobody has put in appearance on behalf of the respondent No. 2/ complainant despite service. 3. The instant criminal appeal has been filed under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 497/2019, Police Station Bilara, District Jodhpur for the offences under Sections 143, 341, 323, 325, 326, 307 & 509 of I.P.C., Sections 3(1)(r) & 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 10.08.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Jodhpur whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected. 4. Heard learned counsel for the appellant through video conferencing and learned Public Prosecutor on the main appeal. 5. Perused the material available on record. 6. Learned counsel for the appellant submits that when the appellant went to his in-laws house for returning the dowry articles, he was attacked. In order to save himself, he fired from pistol. In the incident, Sonaram, Hanuman Ram and Goverdhan Ram alleged to have received injuries. He further submits that as per the injury reports, the injuries suffered by the injured are, though, grievous in nature but not dangerous to life. He further submits that the charge-sheet in the present case has been filed and the conclusion of trial will take sufficient long time. He further submits that the appellant has suffered incarceration for more than five and a half months. He, therefore, prays that the appeal of the appellant may be allowed and he may be enlarged on bail. 7. Learned Public Prosecutor opposes the appeal. 8. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced, without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted. 9. Consequently, the instant criminal appeal is allowed. The impugned Order dated 10.08.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Jodhpur is set aside. 9. Consequently, the instant criminal appeal is allowed. The impugned Order dated 10.08.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Jodhpur is set aside. It is ordered that the accused-appellant - Omprakash alias Omaram s/o Bhabhutaram arrested in connection with F.I.R. No. 497/2019, Police Station Bilara, District Jodhpur shall be released on bail provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.