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2023 DIGILAW 270 (RAJ)

Tanveer Khan v. State of Rajasthan

2023-01-24

KULDEEP MATHUR

body2023
JUDGMENT Kuldeep Mathur, J. - The present appeals have been filed by the appellant under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act against the order dated 17.11.2022 passed by the learned Special Court, SC/ST (Prevention of Atrocities) Act Cases, and Additional Sessions Judge, Bikaner Pali in Criminal Misc. Cases Nos.2032/2022 and 2035/2022, arising out of FIR No.149/2022, P.S. Jai Narayan Vyas Colony, Bikaner for the offences under Sections 307, 325, 382, 452, 427, 323, 147, 148 and 149 of the Indian Penal Code and Sections 3(1)(r), 3(2)(s) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, whereby the bail applications filed under Section 439 of the Code of Criminal Procedure of the appellants have been dismissed. 2. Heard learned counsel for the appellants, learned Public Prosecutor and the learned counsel for the respondent No.2 and perused the material available on record. 3. Learned counsel for the appellants submitted that the present appellants were not involved in the incident, which took place on 04.05.2022. However, under some misunderstanding, the appellants were named in the FIR lodged by the complainant. 4. Learned counsel for the complainant submitted that since the appellants were not at all involved in the incident and they have wrongly been named in the FIR, he has no objection if they are enlarged on bail. 5. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the appeals filed by the appellants deserve acceptance. 6. In view of the above, the present appeals are allowed and the impugned order dated 17.11.2022 passed by the learned Special Court, SC/ST (Prevention of Atrocities) Act Cases and Additional Sessions Judge, Bikaner in Criminal Misc. Cases Nos.2032/2022 and 2035/2022 are set aside and the bail applications filed by the appellants under Section 439 Cr.P.C. are allowed. It is ordered that accused-appellants (1) Tanveer Khan S/o Ayub Khan and (2) Anil Khichar S/o Shri Ramchandar Khichar arrested in connection with FIR No.149/2022, P.S. Jai Narayan Vyas Colony, Bikaner shall be released on bail; provided each of them executes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. Appellants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.