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2022 DIGILAW 2995 (RAJ)

Punit v. State of Rajasthan

2022-12-16

MADAN GOPAL VYAS

body2022
JUDGMENT Madan Gopal Vyas, J. - The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.213/2022, Audyogik Kshetra Police Station District Pali, for the offence under Sections 143, 341, 323, 384/34, 365/120B IPC and Sections 3(1)(r)(s), 3(2)(va) of SC/ST Act against the order dated 21.11.2022 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Pali whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 2. Learned Public Prosecutor stated that service upon respondent No.2 has been completed, despite service, no one has appeared on behalf of respondent No.2-complainant. 3. Learned counsel for the appellant submits that there is no specific allegation against the accused-appellant and he has falsely been implicated in this case. The accused-appellant is in judicial custody since long and the trial of the case will take sufficient long time. Learned counsel further submits that the learned court below has grossly erred in law and facts as well as in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant. 4. Learned Public Prosecutor has vehemently 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 21.11.2022 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Pali is set aside. It is ordered that the accused-appellant Punit S/o Mangilal, arrested in connection with FIR No.213/2022, Audyogik Kshetra Police Station District Pali, shall be released on bail; 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.