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2022 DIGILAW 327 (RAJ)

Mahesh Chandra S/o Sh. Ram Bahadur Ji v. State of Rajasthan

2022-02-03

DEVENDRA KACHHAWAHA

body2022
JUDGMENT : DEVENDRA KACHHAWAHA, J.:-- 1. In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing. 2. The instant appeals have been filed under Section 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in judicial custody in connection with F.I.R. No. 02/2022, Police Station Rohida, District Sirohi, registered for the offences under Sections 341, 323, 427, 285, 286, 336 and 307/34 of the Indian Penal Code and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act and Section 3/7 of Essential Commodities Act against the order dated 12.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi, whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected. 3. Heard learned counsel for the appellants through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record. 4. In compliance of Court's earlier order dated 01.02.2022, learned Public Prosecutor submits the service report, as per that report notice has been served upon the complainant but despite service none appears on behalf of the complainant. 5. Learned counsel for the appellants stated that a Registration Certificate has been issued in favour of the appellants on 01.11.2021 which is available at page No. 21 to 25 along with relevant documents; complainant Sandeep Jaiswal is the President of Petroleum Dealers Association, Sirohi and due to some business rivalry, appellants have falsely been implicated in this case; name of the appellants' firm is Ms. Raviraj Associates, Sirohi and bio diesel has been purchased through invoice which is available at page No. 27 of the charge-sheet; false allegation has been levelled by complainant that appellants have been involved in the business of selling illicit bio diesel; none of the injury is found to be grievous in nature on any vital part of the body or declared as dangerous to life; appellants are behind the bars since 04.01.2022; no investigation or recovery is pending against the appellants; and trial will take time. With these submissions, learned counsel for the appellants prayed that the benefit of bail may be granted to the appellants. 6. With these submissions, learned counsel for the appellants prayed that the benefit of bail may be granted to the appellants. 6. Per contra, learned Public Prosecutor has opposed the appeal of the accused-appellants and stated that as per rejection order, there is an allegation of committing offence punishable under Sections 341, 323, 427, 285, 286, 336 and 307/34 of the Indian Penal Code and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act and Section 3/7 of Essential Commodities Act. 7. Thus, having regard to the entirety of facts and circumstances as available on record and looking to the facts that none of the injury is found to be grievous in nature on any vital part of the body or declared as dangerous to life; accused-appellants have falsely been implicated in this case; accused-appellants are behind the bars since 04.01.2022; and trial will take sufficiently long time, therefore, this Court is of the opinion that appeals deserve to be allowed and the appellants deserve to be enlarged on bail. 8. Consequently, the instant appeals are allowed. The impugned order dated 12.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sirohi, is set aside. It is ordered that the accused-appellants-Mahesh Chandra S/o. Sh. Ram Bahadur Ji and Roshan Sharma S/o. Sh. Tarachand Ji, (Appeal No. 54/2022) and Mukesh Kumar S/o. Sh. Pratap Ram Ji (Appeal No. 55/2022) all arrested in connection with F.I.R. No. 02/2022, Police Station Rohida, District Sirohi, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs. 50,000/- along with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.