Devilal And Ors vs State Of Rajasthan

Defect pointed out by the office is overruled.

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

This criminal appeal under Section 14/14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter to be referred as

'the SC/ST Act’) has been filed on behalf of the appellants being aggrieved with the order dated 13.03.2020 passed by the learned Special Judge,

SC/ST Cases, Jodhpur (hereinafter to be referred as ‘trial court’) in Bail Application No.48/2020), whereby the trial court has dismissed the bail

application filed on behalf of the appellants.

The appellants have been arrested in connection with CR No.63/2020 of Police Station Balesar, District Jodhpur for the offences punishable under

Sections 341, 323 & 307/34 IPC and Sections 3(1)(r)(S), 3(2)(V) of SC/ST Act.

This Court perused the material available on record.

Learned Additional Advocate General submits that the victim has been discharged from hospital after recovery. However, he opposes the release of

the appellants on bail.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it

just and proper to allow the appeal filed by the accused appellants under Section 14/14-A of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14/14-A of SC/ST Act is allowed and the order dated 13.03.2020 passed by the learned Special

Judge, SC/ST Cases, Jodhpur in Bail Application No.48/2020 is set aside. It is directed that appellants â€" (1) Devilal S/o Late Baluram, (2) Kanaram

S/o Gomadram shall be released on bail in connection with CR No.63/2020 of Police Station Balesar, District Jodhpur provided each of them 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 their

appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.