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2023 DIGILAW 1409 (RAJ)

Radheshyam S/o Sh. Bhaira Ram v. State Of Rajasthan

2023-07-20

KULDEEP MATHUR

body2023
JUDGMENT : 1. The instant appeal has been filed under Section 14(A) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.49/2022 registered at Police Station Deshnok, District Bikaner for the offences under Sections 302, 307, 325, 341, 323, 427, 435, 147, 148 and 149 IPC and Section 3(2)(V), 3(2)(Va) of SC/ST Act. 2. Heard learned counsel for the appellant, Public Prosecutor for the State and learned counsel for the complainant. Perused the material available on record. 3. Learned counsel for the appellant submitted that allegation of murder by setting Girdharilal on fire by pouring petrol upon him was only against Babulal, Dhanraj and Omprakash. Learned counsel further submitted that deceased – Girdharilal neither in his Parchabayan nor even in his dying declaration has named or leveled any allegations against the appellant. Learned counsel submitted that co-accused Ghanshyam has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 19.04.2023 passed in S.B. Criminal Appeal No.1607/2022. Learned counsel submitted that the case of the appellant is not distinguishable from that of co-accused who has already been enlarged on bail. Learned counsel submitted that challan in the case has already been filed. Learned counsel submitted that the appellant is in judicial custody since long and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel prayed that benefit of bail may be extended to the appellant. 4. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the appeal. Both they were not in a position to refute the fact that co-accused Ghanshyam has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 19.04.2023. 5. Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced, without commenting on the merits of the case, this Court deems it proper to enlarge the appellant on bail. 6. Consequently, the instant appeal is allowed. The impugned order dated 16.09.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), District Bikaner is set aside. It is ordered that the accused-appellant -Radheshyam S/o Sh. 6. Consequently, the instant appeal is allowed. The impugned order dated 16.09.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), District Bikaner is set aside. It is ordered that the accused-appellant -Radheshyam S/o Sh. Bhaira Ram arrested in connection with FIR No.49/2022 registered at Police Station Deshnok, District Bikaner shall be released on bail, if not wanted in any other case, provided him furnish a personal bond of Rs.1,00,000/-and two sureties of Rs.50,000/-each to the satisfaction of the learned lower Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.