Praveen And Others vs State Of Rajasthan And Others

Madan Gopal Vyas, J

The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellants, who are in custody in connection with FIR No.143/2022, Police Station Hathipol, District Udaipur, for the offences under Sections 341, 323, 326, 34 IPC and Sections 3(1)(r), 3(2)(va) of the SC/ST Act against the order dated 15.03.2023 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Udaipur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

At the outset, learned counsel for the appellant does not want to press this bail application qua appellant No.1- Praveen with liberty to renew his prayer for bail after filing of charge-sheet.

Accordingly, the bail application qua appellant No.1-Paveen S/o Shankarlal is disposed of as not pressed with the liberty aforesaid.

So far as appellant No.2 - Durgesh is concerned, learned counsel for the appellant submits that appellant has falsely been implicated in this case. It is also submitted that main allegation of causing burn injury is attributed to Praveen and the only allegation against the appellant Durgesh is that he hurled abuses and engaged in fight with complainant. The accused-appellant is in judicial custody since long and the trial of the case will take long time. Learned counsel further submits that the learned Court below has grossly erred in law and facts as well in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail may be granted to the accused-appellant.

Learned Public Prosecutor has vehemently opposed the prayer for bail.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is partly allowed. The impugned order dated 15.03.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Udaipur is set aside. It is ordered that the accused-appellant Durgesh S/o Shankarlal, arrested in connection with FIR No.143/2022, Police Station Hathipol, District Udaipur, 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.