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Bheema Ram vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 11 May 2022 · Citation: (2022) 05 RAJ CK 0046

HON’BLE JUDGES
Manoj Kumar Garg, J
ACTS & SECTIONS REFERRED
Scheduled Caste And Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(2)(r)(s), 3(2)(Va), 14A(2) · Indian Penal Code, 1860 — Section 34, 306, 323, 341, 384 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
S.B. Criminal Appeal No. 422 Of 2022
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Judgment

6 paragraphs · 346 words

Manoj Kumar Garg, J

Heard learned counsel for the appellant as well as learned learned public prosecutor and learned counsel for the complainant. Perused the material available on record.

The instant appeal has been filed under Section 14A (2) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.29/2022, Police Station Sadar Pali for the offences under Sections 306, 384, 341, 323/34 of IPC and Sections 3(2)(r)(s), 3(2)(Va) of SC/ST Act, against the order dated 16.04.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Pali in Criminal Misc. Bail Application No.338/2022 whereby, the bail application preferred on behalf of the appellant under Section 439 Cr.P.C. was rejected. Learned counsel for the appellant submits that there is no evidence against the appellant regarding abetment to commit suicide. Challan of the case has already been presented and no investigation is pending. The appellant is in judicial custody and the trial of the case will take sufficient long time. Therefore, the appellant may be released on bail.

Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the prayer for bail.

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.

Consequently, the instant appeal is allowed. The impugned order dated 16.04.2022 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Pali is set aside. It is ordered that the accused appellant Bheema Ram S/o Sh. Bhanwar Lal shall be released on bail in FIR No.No.29/2022, Police Station Sadar Pali, provided he 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.