Pushkar vs State Of Rajasthan And Others

Kuldeep Mathur, J

None appeared on behalf of respondent No.2 despite service of notices.

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.471/2023, registered at Police Station Ambamata, District Udaipur, for the offences under Sections 341, 323, 324, 147, 307 IPC and Sections 3(2)(va) of the SC and ST (Prevention of Atrocities) Act against the order dated 20.01.2024 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Udaipur 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. Learned counsel for the appellant submitted that all the injured persons viz Sohan Nath, Surendra Singh in their statements recorded under Section 161 Cr.P.C. have levelled specific allegations of causing injuries upon them with a sharp edged weapon (knife) against co-accused Prince @ Rocky. Learned counsel submitted that the appellant is in custody from 11.01.2024 and the 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 has vehemently opposed the prayer for bail and submitted that the injured persons in their statements have clearly stated that the appellant was helping the main accused Prince @ Rocky at the time when he inflicted the alleged injuries with a sharp edged weapon upon the injured persons. Learned counsel further submitted that looking to the seriousness of the accusations levelled against the appellant, he does not deserve to be enlarged on bail.

Having regard to the entirety of facts and circumstances as available on record, after perusal of the statements of injured persons and upon a consideration of the arguments advanced at Bar, this Court prima facie finds that specific allegation of causing injury upon the injured persons with a sharp edged weapon (knife) has been levelled against the co-accused Prince @ Rocky. This Court is also of the prima facie finds that the co-accused Deepak (S.B. Criminal Appeal No.161/2024) has already been enlarged on bail by this Court vide order dated 04.03.2024 and the case of the present appellant is not distinguishable from that of the co-accused Deepak, who has been enlarged on bail. This Court, thus, 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 allowed. The impugned order dated 20.01.2024 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Udaipur is set aside. It is ordered that the accused-appellant Pushkar S/o Shri Mangilal arrested in connection with F.I.R. No.471/2023, registered at Police Station Ambamata, 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.