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2022 DIGILAW 413 (RAJ)

Roshan Nath v. State Of Rajasthan

2022-02-08

RAMESHWAR VYAS

body2022
JUDGMENT Rameshwar Vyas, J. - The instant appeal has been filed under Section 14-a of Scheduled Castes/Scheduled Tribes (Prevention of atrocities) act on behalf of the appellant, who is in custody in connection with F.I.R. No. 147/2021 registered at Police Station Dewair, Rajsamand for the offences under Sections 341, 323 IPC and Section 3(1)(R)(S) and 3(2)(Va) of the SC/ST (Prevention of atrocities) act against the order dated 11.01.2022 passed by the learned Special Judge, SC/ST (Prevention of atrocities act) Cases, Rajsamand, whereby, the bail application preferred on behalf of the appellant was rejected. 2. None joined on behalf of the complainant - respondent no.2 despite service of notice upon him. 3. Heard the learned counsel for the parties. 4. Learned counsel for the appellant submits that false and exaggerated allegations have been levelled in the complaint filed by the complainant Suresh. The complaint was sent for investigation under Section 156(3) Cr.P.C. to the police. Though the allegation of extorting money of Rs.15,000/- has been levelled but this allegation has not been proved. Police after investigation has found the offences under Sections 323, 341 IPC and Sections 3(1)(R)(S) and 3(2)(Va) of the SC/ST (Prevention of atrocities) act. In the above, circumstances, learned counsel for the appellant prays that the appeal filed by the appellant deserves to be allowed. 5. On the contrary, learned Public Prosecutor has opposed the appeal. 6. Having regard to the rival contentions of the learned counsel for the parties and after perusal of the material available on record, in the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to grant the bail to the appellant. 7. Consequently, the instant appeal is allowed. The impugned order dated 11.01.2022 passed by the learned Special Judge, SC/ST (Prevention of atrocties act) Cases, Rajsamand, is set aside. It is ordered that the accused-appellant, Roshan Nath S/o Dhanna Nath arrested in connection with F.I.R. No.147/2021 registered at Police Station Dewair, Rajsamand shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/-with two sound and solvent sureties 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.