Jagdish vs State Of Rajasthan

Kuldeep Mathur, J

Learned Public Prosecutor submits that the notice upon the respondent No. 2-complainant has been served. But despite service, nobody has appeared on behalf of the respondent No. 2-complainant.

The instant criminal appeal has been filed under Section 14-A(2) of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 64/2022, Police Station Rayla, District Bhilwara for the offences under Sections 341, 323 & 458 of I.P.C. and Sections 3(1)(r), (s) of S.C./S.T. (Prevention of Atrocities) Amendment Act, 2015 against the Order dated 20.05.2022 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Bhilwara, whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the appellant submits that co-accused Mahendra Kumar has already been enlarged on bail vide Order dated 09.06.2022 passed by a coordinate Bench of this Court in S.B. Criminal Appeal No. 754/2022. He further submits that the appellant has falsely been implicated in this case. The appellant is behind the bars since long. The trial of the case will take time to conclude. On the above grounds, learned counsel for the appellant prays that the appeal of the appellant may be allowed and he may also be enlarged on bail.

Learned Public Prosecutor has opposed the appeal and submits that looking to the gravity and magnitude of offences attributed to the appellant, no interference with the impugned order is warranted. He further submits that the trial court, in its discretion, has declined the prayer for bail to the appellant, which is not liable to be tinkered with in exercise of appellant jurisdiction.

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 appellant deserves to be accepted.

Consequently, the instant criminal appeal is allowed. The impugned Order dated 20.05.2022 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Bhilwara is set aside. It is ordered that the accused-appellant - Jagdish S/o Nand Kishore arrested in connection with F.I.R. No. 64/2022, Police Station Rayla, District Bhilwara shall be released on bail provided he 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.