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2022 DIGILAW 226 (RAJ)

Babu Lal Dhakar S/o Sh. Udai Lal v. State

2022-01-24

VINIT KUMAR MATHUR

body2022
JUDGMENT : VINIT KUMAR MATHUR, J. 1. Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19). 2. Despite service, nobody has appeared on behalf of the respondent No. 2-complainant. 3. The instant appeals have been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No. 121/2021, Police Station Begun District Chittorgarh for the offences under Sections 147, 148, 149, 341, 342, 323, 327, 307, 302, 384 of IPC and Section 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the orders dated 21.09.2021, 01.12.2021, 22.12.2021 and 24.12.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Chittorgarh whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants ware rejected. 4. Heard. Perused the material available on record. 5. It is submitted by learned counsel for the appellants that the charge sheet in the case has been filed. There is no specific allegation against the present appellants of inflicting any injuries. He further submits that co-accused Dinesh Chandra, Gopal Krishan, Kanhaiya Lal @ Ashish, Bal Kishan, Chuni Lal, Sushil Dhakar and Banwari Lal Regar have been enlarged on bail by coordinate benches of this court vide orders dated 14.01.2022, 16.11.2021 and 29.11.2021 and the case of the present appellants is not distinguishable from the case of co-accused persons who have already been enlarged on bail. 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 deserve to be enlarged on bail. 7. Consequently, the instant appeals are allowed. The impugned orders dated 21.09.2021, 01.12.2021, 22.12.2021 and 24.12.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Chittorgarh are set aside. It is ordered that the accused-appellants (1) Babu Lal Dhakar S/o Sh. Udai Lal, (2) Sunil S/o Kanahaiya Lal Dhakar, (3) Bablu Kumar S/o Sh. Shankar Lal Dhakad and (4) Deepak Kumar Rathore S/o Banshi Lal Teli arrested in connection with FIR No. 121/2021, Police Station Begun District Chittorgarh shall be released on bail; provided each of them furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. Shankar Lal Dhakad and (4) Deepak Kumar Rathore S/o Banshi Lal Teli arrested in connection with FIR No. 121/2021, Police Station Begun District Chittorgarh shall be released on bail; provided each of them furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/- (Rupees: Twenty Five Thousand Only) 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.