Bhabhut Ram vs State Of Rajasthan And Others

Praveer Bhatnagar, J

This criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 20.10.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act Cases, Merta (hereinafter to be referred as ‘trial court’) in Criminal Misc. Bail Case No.238/2022, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.250/2021 of Police Station Khinvsar, District Nagaur for the offences punishable under Section 302/34 of IPC and under Section 3(2)(VA)(V) of SC/ ST (Prevention of Atrocities) Act Cases, 1989.

Learned counsel for the appellant submits that the co-accused persons namely Sohan Ram and Mahendra have already been enlarged on bail vide orders dated 18.04.2023 and 10.01.2023 respectively and the case of the present appellant is not distinguishable with that of co-accused persons. He further submits that even as per the statements of PW-1 Lichma, the allegations levelled against the appellant is similar to co-accused Mahendra and Sohan Ram, therefore, the appeal may be allowed.

Learned Public Prosecutor opposes the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A of SC/ST Act is allowed and the order dated 20.10.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Act Cases, Merta in Criminal Misc. Case No.238/2022 is set aside. It is directed that appellant -Bhabhut Ram S/o Umaram shall be released on bail in connection with FIR No.250/2021 of Police Station Khinvsar, District Nagaur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.