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2022 DIGILAW 740 (RAJ)

Jaswant @ Jasraj v. State Of Rajasthan

2022-03-04

MANOJ KUMAR GARG

body2022
JUDGMENT Manoj Kumar Garg, J. - Despite service, no one is present on behalf of the respondent No.2-complainant. 2. Heard learned counsel for the appellant as well as learned learned public prosecutor and perused the material available on record. 3. The instant appeals have been filed under Section 14a (2) Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act on behalf of the appellants, who are in custody in connection with FIR No.300/2021, Police Station Soorsagar, Jodhpur for the offences under Sections 143, 323, 452, 308 of IPC and Section 3(1)(r)(s), 3()2)(Va) of SC/ST act, against the orders dated 28.01.2022 & 20.01.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Jodhpur in S.B.Criminal Bail application No.28/2022 & 22/2022 whereby the bail applications preferred on behalf of the appellants under Section 439 Cr.P.C. were rejected. 4. Learned counsel for the appellants submits that no specific allegation has been levelled against the present appellants. The injuries received by the injured are on the non-vital part of the body. It is further stated that co-accused Lalit Sankhla has already been granted bail by coordinate Bench vide order dt. 15.02.2022 in S.B.Criminal appeal No.101/2022 and the case of the present appellants is not distinguishable from that of the co-accused. The learned court below has grossly erred in law and facts as well as in declining to release the appellant on bail. 5. Learned Public Prosecutor has opposed the prayer for bail. 6. Having regard to the entirety of facts and circumstances of the case 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. 7. Consequently, the instant appeals are allowed. The impugned orders dated 28.01.2022 & 20.01.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Jodhpur are set aside. 7. Consequently, the instant appeals are allowed. The impugned orders dated 28.01.2022 & 20.01.2022 passed by the learned Special Judge SC/ST (Prevention of atrocities) Cases, Jodhpur are set aside. It is ordered that the accused appellants Jaswant @ Jasraj S/o Shri Prema Ram, Naresh Prajapat S/o Shri Khem Raj Prajapat and Rahul Balai S/o Shri Chirnji Lal Meghwal shall be released on bail in FIR No.300/2021, Police Station Soorsagar, Jodhpur provided each of them 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.