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2022 DIGILAW 699 (RAJ)

Dharmal S/o Shyoraj v. State of Rajasthan Through PP

2022-03-02

MAHENDAR KUMAR GOYAL

body2022
JUDGMENT : In SB Criminal Misc. Bail Application No.1669/2022 :- 1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.486/2021 registered at Police Station Sanganer District Jaipur East for the offence under Section(s) 365 & 147 IPC and later on for the offence under Section(s) 143, 323, 363, 364(A), 120-B IPC & Section 3(2)(V) of SC/ST (POA) Act. 2. Learned counsel for the petitioner submits that he has falsely been implicated in this case which arises out of money dispute. He submits that the petitioner is in custody since 11.01.2022, investigation as against him is complete, he has no criminal antecedents and prays for his release on bail. 3. Learned Public Prosecutor has opposed the bail application. Taking into consideration the submissions advanced by learned counsel for the petitioner, the nature of allegation against him, his length of custody, the material contained in the case diary and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail. 4. Accordingly, the bail application is allowed and it is directed that accused-petitioner Dharmal S/o Shyoraj shall be released on bail under Section 439 Cr.P.C. in connection with afore- mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 437(3) Cr.P.C. In SB Criminal Appeals No.139/2022 and 140/2022:- 5. Learned Public Prosecutor apprises that compliance of Section 15A (3) of the Act of 1989 has been made in SB Criminal Appeal No.139/2022. 6. The present criminal appeals under Section 14(A) (2) of the SC/ST (Prevention of Atrocities) Act have been filed in connection with FIR No.486/2021 registered at Police Station Sanganer District Jaipur East for the offence under Section(s) 365 & 147 IPC and later on for the offence under Section(s) 143, 323, 363, 364(A), 120-B IPC & Section 3(2)(V) of SC/ST (POA) Act. 7. Learned counsels for the appellants submit that they have falsely been implicated in this case which arises out of money dispute. 7. Learned counsels for the appellants submit that they have falsely been implicated in this case which arises out of money dispute. They submit that the appellants are in custody since 11.01.2022, investigation as against them is complete, they have no criminal antecedents and pray for their release on bail. 8. Learned Public Prosecutor has opposed the appeals. Taking into consideration the submissions advanced by learned counsels for the appellants, the nature of allegation against them, their length of custody, the material contained in the case diary and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the appellants on bail. 9. The order dated 18.01.2022 passed by the learned Special Judge, SC/ST Cell Jaipur Metropolitan-I is quashed and set-aside and these appeals are accordingly allowed and it is directed that accused-appellants 1. Mayaram S/o Bhanwar Lal & 2. Kushiram S/o Late Shri Chhitar Lal shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.