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2021 DIGILAW 5 (RAJ)

Balveer Singh v. State Of Rajasthan

2021-01-04

VINIT KUMAR MATHUR

body2021
JUDGMENT 1. The notices in the present case were issued to the respondent No. 2/complainant on 23.11.2020. 2. Mr. Dinesh Bishnoi, learned counsel has put in appearance on behalf of the respondent No. 2/complainant. 3. Service is, therefore, complete. 4. The instant criminal appeals have been filed under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellants, who are in custody in connection with F.I.R. No. 143/2018, Police Station Thanwala, District Nagaur for the offences under Sections 147, 365, 302 & 201 of I.P.C. and Section 3(1) & 2(v) of S.C./S.T. (Prevention of Atrocities) Act against the Orders dated 17.08.2020 & 28.10.2020, respectively, passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Merta, District Nagaur whereby the bail applications preferred under Section 439 of Cr.P.C. on behalf of the appellants were rejected. 5. Heard learned counsel for the appellants, learned Public Prosecutor and learned counsel for the respondent No. 2 /complainant on the main appeal. Perused the material available on record. 6. Learned counsel for the appellants submits that the present case is nothing but an outcome of vengeance on a trivial issue between the nephew of the deceased and the present appellants. He further submits that as per the first informant, four persons who have been named in the F.I.R., namely, Sitaram, Rajuram,Punaram and Omprakash, alleged to have seen the husband of the complainant being taken in the bolero camper by the appellants but they have not stated so in their statements under Section 161 of Cr.P.C. recorded before the police. He further submits that even the parties have compromised the matter outside the court. 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, therefore, prays that the appeals of the appellants may be allowed and they may be enlarged on bail. 7. Learned counsel for the respondent No. 2 does not dispute the factum of compromise arrived at between the parties. However, he submits that the present F.I.R. has been registered under some misconception. 8. He, therefore, prays that the appeals of the appellants may be allowed and they may be enlarged on bail. 7. Learned counsel for the respondent No. 2 does not dispute the factum of compromise arrived at between the parties. However, he submits that the present F.I.R. has been registered under some misconception. 8. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and the fact that the parties have already compromised the matter outside the Court, 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 appeals are allowed. The impugned Orders dated 17.08.2020 & 28.10.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Merta, District Nagaur are set aside. It is ordered that the accused-appellants (1) Balveer Singh S/o Kalyan Singh, (2) Yogendra Singh @ Sonu S/o Ram Singh, (3) Manish Joshi S/o Satya Narayan Joshi and (4) Sandeep Joshi S/o Satya Narayan Joshi arrested in connection with F.I.R. No. 143/2018, Police Station Thanwala, District Nagaur shall be released on bail provided each of them 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.