AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
7 paragraphs · 350 wordsKuldeep Mathur, J
The instant appeal has been filed under Section 14A(1) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.03/2024, registered at Police Station Kolayat, District Bikaner for the offences under Sections 332, 353, 143 of the IPC and under Section 3(2)(va) of the SC and ST (Prevention of Atrocities) Act against the order dated 12.01.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Bikaner whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Heard learned counsel for the parties at Bar and perused the material available on record.
Leaned counsel for the appellant submitted that the alleged incident occurred in the heat of the moment and appellant had no intention to commit the alleged crime and the injuries alleged to be afflicted by the appellant upon the complainant are simple in nature. Learned counsel submitted that the appellant is in custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-appellant.
Learned Public Prosecutor has opposed the present bail application.
Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at bar, this court is of the prima facie finds that the injuries allegedly inflicted by the appellant upon complainant are simple in nature.
Consequently, the instant appeal is allowed. The impugned order dated 12.01.2024 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Bikaner is set aside. It is ordered that the accused-appellant Laxman Ram S/o Sh. Bajrang Lal, arrested in connection with F.I.R. No.03/2024, registered at Police Station Kolayat, District Bikaner shall be released on bail; provided he 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.