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2022 DIGILAW 1434 (RAJ)

Radheyshyam v. State Of Rajasthan

2022-05-06

MANOJ KUMAR GARG

body2022
JUDGMENT Manoj Kumar Garg, J. - Heard learned counsel for the appellant as well as learned learned public prosecutor and perused the material available on record. 2. The instant appeal has been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with FIR No.28/2022, Police Station Kotwali, Bhilwara for the offences under Sections 419, 420, 406, 467, 468, 471, 120-B of IPC and Section 3(2)(V)(Va), 3(1)(g) of SC/ST act, against the order dated 28.02.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Bhilwara in Criminal Misc. Case No.37/2022 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected. 3. Learned counsel for the appellant submits that the offences alleged to have been committed by the appellant except SC/ST act are triable by Magistrate and similarly situated co-accused Suresh and Puran have already been granted bail by this Court. The appellant is in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail may be granted to the accused-appellant. 4. Learned Public Prosecutor has opposed the prayer of the appellant. 5. Having regard to the entirety of facts and circumstances of the case 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 28.02.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Bhilwara is set aside. It is ordered that the accused appellant Radheyshyam S/o Shanti Lal @ Shantiya shall be released on bail in FIR No.28/2022, P.S. Kotwali, Bhilwara provided he furnishes a personal bond of Rs.1,00,000/-and two surety bonds of Rs.50,000/- 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.