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2022 DIGILAW 1410 (RAJ)

Hadman Ram v. State Of Rajasthan

2022-05-05

MANOJ KUMAR GARG

body2022
JUDGMENT Manoj Kumar Garg, J. - Heard learned counsel for the appellant and the learned Public Prosecutor as well as counsel for the complainant and perused the material available on record. 2. The instant appeal has been filed under Section 14a(2) of SC/ST (Prevention of atrocity) act on behalf of the appellant, who is in custody in connection with FIR No.63/2022, Police Station Pipar City, District Jodhpur for the offences under Sections 341, 323, 365, 354, 376/511 IPC and Section 3(1)(w)(i) and 3(2)(Va) of Scheduled Caste/Scheduled Tribe (Prevention of atrocities) act against the order dated 14.03.2022 passed by learned Special Judge SC/ST (Prevention of atrocity Cases), Jodhpur whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 3. It has been submitted on behalf of the appellant that now the challan has already been filed and the appellant is behind the bars since 04.03.2022 and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-appellant. 4. Learned Public Prosecutor and counsel for the complainant have opposed the prayer for bail. 5. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside. 6. Consequently, the instant appeal is allowed. The impugned order dated 14.03.2022 passed by learned Special Judge SC/ST (Prevention of atrocity Cases) Jodhpur is set aside. It is ordered that the accused-appellant Hadman Ram S/o Shri Bhikha Ram arrested in connection with FIR No.63/2022, Police Station Pipar City, District Jodhpur shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two sureties bond of Rs.50,000/- 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.