Deepak vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal has been filed under Section 14-A (2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.128/2023, for the offences under Sections 436, 504, 506 of IPC and Sections 3(1)(r)(s), 3(2) (iv)(va) of the SC and ST (Prevention of Atrocities) Act against the order dated 06.01.2024 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 appellant was rejected.

The earlier criminal appeal of the appellant was dismissed by this Court vide order dated 12.12.2023 in S.B. Criminal Appeal (SB) No.2398/2023.

Heard learned counsel for the parties at Bar and perused the material available on record.

Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. Learned counsel contended that the allegation against present appellant is of pouring the petrol from bottles upon the mobile phone shop of the complainant and then setting it on fire. Learned counsel further submitted that the co-accused persons namely Lacchi Ram, Dharamnarayan, Kanhaiya Lal and Arjan Lal have already been enlarged on bail by this Court vide order dated 12.12.2023, in S.B. Criminal Appeal (SB) No.2398/2023. Lastly, learned counsel submitted that the investigation against the appellant has already been completed and that the appellant is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-appellant.

Learned Public Prosecutor has opposed the prayer for bail. Having regard to the facts and circumstances as available on record in entirety and upon a careful consideration of the arguments advanced at Bar, so also the fact that the above named co-accused persons have already been enlarged on bail, this Court is of the prima facie 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 06.01.2024 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 Deepak S/o Shri Lachhi Ram arrested in connection with F.I.R. No. 128/2023 shall be released on bail; 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.