Kalu vs State Of Rajasthan And Others

Kuldeep Mathur, J

Nobody appears on behalf of the appellant.

The instant appeal has been filed under Section 14(A) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.92/2023 registered at Police Station Rayala, District Bhilwara for the offences under Sections 323, 341, 307, 326 and 506 IPC and Sections 3(1)(Za) (D), 3(1)(r), 3(1)(S), 3(2)(v), 3(2)(va) of SC/ST Act.

Heard learned Public Prosecutor for the State. Perused the material available on record.

Learned Public Prosecutor informed the Court that notices upon the respondent No.2 have been duly served. From the perusal of the case file and record of the investigation made available to Court by learned Public Prosecutor. This Court finds that injuries alleged to be inflicted by the appellant upon complainant are neither grievous in nature nor dangerous to life. Prima facie this Court satisfies that the appellant deserves to be enlarged on bail.

In view of the fact that injuries allegedly inflicted by the appellant

Learned Public Prosecutor vehemently opposed the appeal. 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 20.04.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), District Bhilwara is set aside. It is ordered that the accused-appellant -Kalu S/o Bhoma Ram arrested in connection with FIR No.92/2023 registered at Police Station Rayla, District Bhilwara shall be released on bail, if not wanted in any other case, provided him furnish 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.