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2021 DIGILAW 971 (RAJ)

Bhera Ram @ Vijay Choudhary v. State Of Rajasthan

2021-06-29

DEVENDRA KACHHAWAHA

body2021
JUDGMENT Devendra Kachhawaha, J. - The instant appeal has been filed under Section 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in judicial custody in connection with F.I..R. No.210/2021, Police Station Bilara, District Jodhpur, registered for the offences under Sections 341, 323, 325 and 354 of the Indian Penal Code and Sections 3(1)(R)(S), 3(2)(VA) and 3(1)(F) of the SC/ST (Prevention of Atrocities) Act against the order dated 16.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur Metro, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Heard learned counsel for the appellants appearing through video conferencing and learned Public Prosecutor, present-inperson. Perused the material available on record. 3. Learned counsel for the appellant stated that except the offences punishable under Sections 3(1)(R)(S), 3(2)(VA) and 3(1) (F) of the SC/ST (Prevention of Atrocities) Act remaining offences are triable by Magistrate; appellants have wrongly been implicated in this case due to other civil disputes; and the trial will take time. With these submissions, learned counsel for the appellants prayed that the benefit of bail may be granted to the appellants. 4. Per contra, learned Public Prosecutor, present-in-person and learned counsel for the complainant appearing through video conferencing have opposed the appeal. Learned Public Prosecutor stated that 3-3 other cases were earlier registered against the accused-appellants namely, Bhera Ram @ Vijay Choudhary and Rajendra and 6 other cases were registered against accused-appellant, Omprakash. He further stated that injury No.1 of Laxman Ram is grievous-blunt in nature. 5. In reply, learned counsel for the appellants stated that out of six cases registered against Omprakash, two cases have already been decided and no other specific injury has been attributed to any of the appellants. 6. Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellants deserves to be enlarged on bail. 7. Consequently, the instant appeal is allowed. The impugned order dated 16.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur Metro, is set aside. 7. Consequently, the instant appeal is allowed. The impugned order dated 16.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Jodhpur Metro, is set aside. It is ordered that the accused-appellants - (1) Bhera Ram @ Vijay Choudhary S/o Bhana Ram, (2) Rajendra S/o Bhera Ram and (3) Om Prakash S/o Bhera Ram, all arrested in connection with F.I.R. No.210/2021, Police Station Bilara, District Jodhpur, shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.