Research › Search › Judgment

Rajasthan High Court · body

2022 DIGILAW 1026 (RAJ)

Keshar Dev Bhaladar v. State of Rajasthan

2022-03-30

CHANDRA KUMAR SONGARA

body2022
ORDER 1. The instant appeal has been filed under Section 14(2)(a) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.399/2020, registered at Police Station Udhyog Nagar, District Sikar for the offences under Sections 420, 467, 468, 471 & 120-B of IPC and Section 3(2) (Va) of the SC/ST (Prevention of Atrocities) Act against the order dated 05.03.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Learned State counsel has submitted that he has already informed the complainant but none has appeared on his behalf. 3. It is submitted by learned counsel for the appellant that the appellant fraudulently got agreement to sale executed on 10.09.1993 and thereafter, on 05.11.2018, the sale deed got executed. It was alleged that in the year 2017, Ramesh Kumar had obtained the water-supply connection on the plot in question. As per allegations made in the FIR, Smt. Shyokari Devi had sold the plot in dispute to Ramesh Kumar on 02.09.2006. It was further alleged that accused persons made forcible possession on the plot in question on 25.11.2018. The complainant could have also make a complaint in the year 2018, but he also remained silent. 4. In the year 2018, the members of the complainant party were also bound down under Section 151 of CrPC. There is an inordinate delay in lodging the FIR. The case pertains to a dispute of civil nature. The appellant is an old and infirm person of 70 years of age and suffering from cancer. The appellant is behind the bars since long. The appellant has criminal antecedents of two cases and he is on bail in both the cases. Hence, appeal of the accused-appellant may be granted. Learned State counsel has strongly opposed the appeal. Heard learned counsel for the appellant and perused the material available on record. 5. Considering the submissions made by learned counsel for the appellant and the facts and circumstances of the case, but without expressing any opinion on the merits/demerits of the case, this Court is of opinion that the appellant deserves to be enlarged on bail. 6. Consequently, the instant appeal is allowed. 5. Considering the submissions made by learned counsel for the appellant and the facts and circumstances of the case, but without expressing any opinion on the merits/demerits of the case, this Court is of opinion that the appellant deserves to be enlarged on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 05.03.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sikar (Raj.) is set aside. It is ordered that the accused-appellant Keshar Dev Bhaladar S/o Danaram arrested in connection with FIR No.399/2020, registered at Police Station Udhyog Nagar, District Sikar shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- 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.