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2021 DIGILAW 994 (RAJ)

Kishan Lal v. State of Rajasthan

2021-07-01

DEVENDRA KACHHAWAHA

body2021
JUDGMENT 1. The instant appeal has been filed under Section 14-A of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act Cases on behalf of the appellant, who is in custody in connection with F.I.R. No. 35/2021, Police Station Mawli, District Udaipur, registered for the offences punishable under Sections 332, 353, 384 and 452 of the Indian Penal Code and Sections 3(1)(R) and 3(1)(5) of the SC/ST (Prevention of Atrocities) Act against the order dated 10.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Learned counsel for the appellant appearing through video conferencing stated that one First Information Report (FIR) was lodged by the wife of the appellant against the complainant and in counter of that FIR, the accused-petitioner has falsely been implicated in the present case. Learned counsel further stated that as per FIR itself, incident of fight was taken place in regard to illicit relationship; that the accused-petitioner is in judicial custody for approximately one month; and that the trial will take time. With these submissions, learned counsel prayed that the benefit of bail may be granted to the accused-petitioner. 3. Per contra, learned Public Prosecutor opposed the appeal and release of the accused-appellant on bail. Learned Public Prosecutor further stated that three other cases are pending against the accused-appellant. 4. Heard learned counsel for the appellant appearing through video conferencing as well as learned Public Prosecutor, present-in-person. Perused the material available on record. 5. Having regard to the facts and circumstances of the case, particularly to the facts that except the offences punishable under the provisions of SC/ST Act, all other offences registered under Indian Penal Code are triable by the First Class Magistrate; that no recovery or investigation is pending against the appellant; that the trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the present appeal deserves to be allowed and the appellant deserves to be enlarged on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 10.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur is set aside. 6. Consequently, the instant appeal is allowed. The impugned order dated 10.06.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur is set aside. It is ordered that the accused-appellant, Kishan Lal S/o Gokul 31, arrested in connection with F.I.R. No. 35/2021, Police Station Mawli, District Udaipur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and 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.