Raju vs State Of Rajasthan

This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act') has been filed on behalf of the appellant being aggrieved with the order dated 15.10.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Sri Ganganagar (hereinafter to be referred as 'trial court') in Criminal Misc. Bail Application No.297/2019, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

The appellant has been arrested in FIR No.175/2019 of Police Station Lalgarh Jatan, District Sri Ganganagar for the offences punishable under Sections 307, 341, 323, 325 and 143 IPC and Sections 3(1)(r)(s) and 3(2)(va) of SC/ST Act.

Learned counsel for the appellant has submitted that the allegation against the appellant is to the effect that he inflicted injury on the head of injured. It is submitted that from the medical report, it is clear that injury on the head of the injured is grievous and not dangerous to life. It is also submitted that the criminal appeal filed by co-accused persons Sandeep has also been allowed and he has already been enlarged on bail by this Court.

Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

Having regard to the totality of the facts and circumstances of the case and after perusing the medical report, wherein the injury on the head of the injured is shown grievous and not dangerous to life and taking into consideration the fact that similarly situated co-accused Sandeep has already been enlarged on bail, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 15.10.2019 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Sri Ganganagar in Criminal Misc. Bail Application No.297/2019 is set aside. It is directed that appellant - Raju S/o Prem Kumar shall be released on bail in connection with FIR No.175/2019 of Police Station Lalgarh Jatan, District Sri Ganganagar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.