Jai Singh vs State Of Rajasthan And Others

Yogendra Kumar Purohit, J

As per report submitted by learned Public Prosecutor, the service of notice upon respondent No.2 is complete. Mr. Deepak Choudhary, learned counsel puts in appearance on his behalf.

The instant appeal has been filed under Section 14A of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 211/2023 registered at Police Station Chouhtan, District Barmer for the offences under Sections 147, 341, 323, 342, 365, 395, 120B of IPC and Sections 3(1)(r)(s), 3(1)(a), 3(2)(v) & 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

Heard learned counsel for the appellant and Public Prosecutor for the State as also learned counsel appearing for the complainant. Perused the material available on record.

It is submitted by learned counsel for the appellant that the appellant has been falsely implicated in the case. The co-accused Moti Singh, Bhopal Singh, Durjan Singh, Bhagga Ram, Babu Lal and Tikma Ram @ Tauram have already been enlarged on bail vide order dated 19.10.23 passed by this Court in S.B.Criminal Appeal (Sb) No.2164/2023. No specific overt act has been assigned to the appellant. The appellant is in judicial custody and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel submits that benefit of bail may be extended to the appellant.

Per contra, learned Public Prosecutor and learned counsel appearing for the complainant vehemently opposed the bail application.

Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced, without commenting on the merits of the case, this Court deems it proper to enlarge the appellant on bail.

Consequently, the instant appeal is allowed. The impugned order dated 21.12.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Barmer is set aside. It is ordered that the accused-appellant Jai Singh S/o Jugat Singh arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each to the satisfaction of the learned lower Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.