Gopal Krishna And Others vs State Of Rajasthan

Manoj Kumar Garg, J

The instant appeals have been filed under Section 14A SC/ST Act on behalf of the appellants, who are in custody in connection with F.I.R. No.121/2021, Police Station Begun, District Chittorgarh for the offences under Sections 147, 148, 341, 342, 323, 327, 307, 302, 384 of Indian Penal Code & under Section 3[2][v] of SC/ST Act against the orders dated 21.09.2021 & 15.09.2021 respectively passed by the learned Special Judge SC/ST (Prevention of Atrocities Act) Cases, Chittorgarh whereby, the bail applications preferred under Section 439 Cr.P.C. on behalf of the appellants were rejected.

Learned counsel for the appellants submits that two mobile phones were recovered from the possession of co-accused namely Yogesh Suthar and Banwari Rager and in the videos found in both the mobiles, although specific names of the accused persons have been revealed but neither names of present appellants nor their presence appear during the occurrence. No recovery was made from the appellants and no specific role has been assigned to the appellants. The accused-appellants are in judicial custody and the trial of the case will take sufficient 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.

Heard learned counsel for the appellants and learned public prosecutor and also perused the material available on record.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the orders rejecting the applications for bail filed on behalf of the appellants, cannot be sustained and deserve to be set aside.

Consequently, the instant appeals are allowed. The impugned orders dated 21.09.2021 & 15.09.2021 respectively passed by the learned Special Judge SC/ST (Prevention of Atrocities Act) Cases, Chittorgarh are set aside. It is ordered that the accused appellants namely (1) Gopal Krishna S/o Chunnilal, (2) Kanhaiya Lal @ Ashish Kumar S/o Shri Shanti Lal and (3) Balkishan S/o Devi Lal arrested in connection with F.I.R. No.121/2021, Police Station Begun, District Chittorgarh 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.