Pradeep Singh vs State Of Rajasthan And Others

Kuldeep Mathur, J

The instant appeal has been filed under Section 14A SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.288/2023, registered at Police Station Chauhatan, District Barmer for the offences under Sections 341, 323/34 of the IPC and Sections 3(1)(r)(s) and 3(2)(va) of the SC and ST (Prevention of Atrocities) Act against the order dated 06.01.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Cases, Barmer 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.

Learned counsel for the appellant submitted that the appellant has been falsely implicated in the present case. It was contended that the FIR has been filed against the appellant on the basis of false and fabricated facts and the injuries allegedly inflicted by the appellant upon the nephew of the complainant are simple in nature.

Lastly, the learned counsel submitted that the appellant is in judicial custody and trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail should be granted to the accused-appellant.

Learned Public Prosecutor and learned counsel for the complainant have opposed the prayer for bail.

Having regard to the facts and circumstances as available on record in entirety and upon a consideration of the arguments advanced at Bar, this Court is of the prima facie opinion that the injuries allegedly inflicted by the appellant upon the nephew of the complaint are simple in nature.

Consequently, the instant appeal is allowed. The impugned order dated 06.01.2024 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Barmer is set aside. It is ordered that the accused-appellant Pradeep Singh S/o Shri Jagat Singh, arrested in connection with F.I.R. No.288/2023, registered at Police Station Chauhatan, District Barmer 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.