Deepak And Others vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with F.I.R. No.128/2023, registered at Police Station Vallabhnagar, District Udaipur, for the offences under Sections 436, 504, 506 IPC and Sections 3(1)(r),(s), 3(2)(iv),(va) of the SC and ST (Prevention of Atrocities) Act against the order dated 30.10.2023 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Udaipur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

Heard learned Public Prosecutor and perused the material available on record.

Learned counsel for the appellants submitted that the appellants have been falsely implicated in the present case. It was urged that the allegation against the present appellants is of pouring petrol from bottles on the mobile phone shop of the complainant and then setting it on fire. Learned counsel submitted that no recovery is due to be made from the accused-appellants. Learned counsel lastly submitted that except appellant No.1- Deepak S/o Lachhi Ram, none of the other appellants are having any criminal antecedents. Learned counsel submitted that the appellants are in judicial custody and trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail should be granted to the accused-appellants.

Learned Public Prosecutor has opposed the prayer for bail and submitted that looking to the seriousness of the accusations levelled against the present appellants, they do not deserve to be enlarged on bail.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at bar, so also the fact that the appellant No.1 has not only been named in the F.I.R. by the complainant but that he is also has criminal antecedents, whereas the appellant Nos.2 to 5 are not having any criminal antecedents, this Court is of the prima facie opinion that the order rejecting the application for bail filed on behalf of the appellant Nos.2 to 5, cannot be sustained and deserves to be set aside.

Consequently, the instant criminal appeal qua the appellant No.1- Deepak S/o Lachhi Ram is dismissed.

However, the appellant No.1 shall be at liberty to move a fresh bail application after filing of the challan against him.

Consequently, the instant criminal appeal qua the appellant Nos.2 to 5 is allowed. The impugned order dated 30.10.2023 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Udaipur, is set aside. It is ordered that the accused-appellant Nos.(2) Lachhi Ram S/o Naru, (3) Dharamnarayan S/o Pratap, (4) Kanhaiya Lal

S/o Babru and (5) Arjan Lal S/o Mohan, arrested in connection with F.I.R. No.128/2023, registered at Police Station Vallabhnagar, District Udaipur, shall be released on bail; provided each of them 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.