Bhoma Ram And Others vs State Of Rajasthan

Rameshwar Vyas, J

Mr. Tribhuwan Singh, learned counsel has put in appearance on behalf of the respondent No. 2-complainant.

The instant criminal appeal has been filed under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellants, who are in custody in connection with F.I.R. No. 97/2022, Police Station Gida, District Barmer for the offences under Sections 341, 323 & 325/34 of I.P.C. and Section 3(1)(R)(S) & 3(2)(va) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 28.07.2022 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Barmer, whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellants was rejected.

Heard learned counsel for the appellants, learned Public Prosecutor and learned counsel for the respondent No. 2-complainant. Perused the material available on record.

Learned counsel for the appellants submits that appellant No. 1 being a public servant is working in the Government School. Out of total 8 cases instituted against the appellants, in 5 cases, Final Reports have been filed by the police. He further submits that one grievous injury sustained by injured Khetaram is not on the vital part of the body. The appellants are in custody since 22.07.2022. The trial of the case is likely to take long time to conclude. In the above circumstances, he prays that the appeal of the appellants may be allowed and they may be enlarged on bail.

Learned Public Prosecutor as well as learned counsel for the respondent No. 2-complainant have opposed the appeal. As per learned counsel for the respondent No. 2-complainant, total 15 F.I.Rs. have been lodged against the appellants.

Having regard to the rival contentions of learned counsel for the parties as well as facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellants deserves to be accepted.

Consequently, instant criminal appeal is allowed. The impugned Order dated 28.07.2022 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Barmer is set aside. It is ordered that the accused-appellants (1) Bhoma Ram S/o Maga Ram and (2) Raju Ram S/o Uda Ram arrested in connection with F.I.R. No. 97/2022, Police Station Gida, District Barmer shall be released on bail provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.