Kalu Khan, S/o. Shri Khurshed Khan v. State Of Rajasthan, Through PP
2024-01-09
FARJAND ALI
body2024
DigiLaw.ai
JUDGMENT : 1. The instant appeal has been filed under Section 14-A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.122/2023 registered at the Police Station Rajiyasar, District Sri Ganganagar for the offences under Sections 323, 341 and 34 of the IPC and Section 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, being aggrieved by the order dated 07.12.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar in Criminal Misc. Bail Case No.501/2023, whereby the application under Section 439 of the Cr.P.C. has been rejected by the trial Court. 2. Despite intimation to the victim/complainant of the case regarding hearing of the bail plea, no one is present on his behalf. 3. It is submitted by learned counsel for the appellant that the appellant has falsely been implicated in the present case and he has nothing to do with the alleged offence. Expeditious culmination of trial is not a seeming fate and no fruitful purpose would be served by keeping the appellant behind the bars. He, therefore, prays that benefit of bail may be granted to the appellant. 4. Per contra, learned learned Public Prosecutor has opposed the submissions made by the learned counsel for the appellant. 5. Heard learned counsel for the appellant, learned Public Prosecutor and perused the material available on record. 6. The appellant is not named in the FIR. No identification parade has been conducted. The main allegation of beating the victim is upon the accused Ashok Godara and it seems a case of beating only and not a case of making an attempt to kill. However, the same shall be adjudicated after a full-fledged trial. At present, there are no reasonable grounds to believe that further incarceration of the appellant would be required. Early culmination of the trial is not a seeming fate. In this background and considering the totality of the facts and circumstances of the case, this Court is of the opinion that the appellant deserves to be enlarged on bail. 7. Consequently, the instant appeal is allowed. The impugned order is set aside. It is ordered that the accused-appellant, named in the cause title, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs.
7. Consequently, the instant appeal is allowed. The impugned order is set aside. It is ordered that the accused-appellant, named in the cause title, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- 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.