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2022 DIGILAW 3027 (RAJ)

Vinod v. State of Rajasthan

2022-12-20

FARJAND ALI

body2022
JUDGMENT Farjand Ali, J. - The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.278/2022, Police Station Dovara, District Doongarpur, for the offences under Sections 341, 323, 283, 393, 394, 304/34 of IPC and Section 5(2) (VA) of the SC/ST (Prevention of Atrocities) Act. 2. It is submitted by learned counsel for the appellant that the substratum of the FIR would be that the driver of the motor-cycle bearing registration No. RJ-12-CS-1354 was driving the vehicle both rash and negligence and hit the vehicle which was being driven by the brother of the complainant. Thus, learned counsel submits that it was a case of accident but due to inimical relationship, attempt has been made to aggravate the nature of the offence, therefore, benefit of bail may be granted to the appellant. 3. Per contra, learned learned Public Prosecutor as well as learned counsel for the complainant vehemently opposed the bail application. 4. Heard learned counsel for the appellant and learned Public Prosecutor and counsel for the complainant. Perused the material available on record. 5. Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 11.11.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Doongarpur is set aside. It is ordered that the accused-appellant-Vinod S/o Punja arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties 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.