High CourtsSingle Bench

Rajveer Singh vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 5 May 2023 · Citation: (2023) 05 RAJ CK 0052

HON’BLE JUDGES
Kuldeep Mathur, J
ACTS & SECTIONS REFERRED
Scheduled Caste And Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(1)(f)(g)(z), 3(2)(v), 14(A)(2) · Indian Penal Code, 1860 — Section 120B, 420, 467, 468, 471
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 420 Of 2023
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Judgment

7 paragraphs · 339 words

Kuldeep Mathur, J

The instant appeal has been filed under Section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.148/2022 registered at Police Station Srivijaynagar, District Sriganganagar, for the offences under Sections 420, 467, 468, 471 and 120-B of IPC and Section 3(1)(f)(g)(z), 3(2)(v) of the SC/ST Act.

Heard learned counsel for the appellant and Public Prosecutor for the State. Perused the material available on record.

Learned counsel for the appellant submitted that co-accused-Gurveer Singh @ Gora S/o Harjindra Singh has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 07.09.2022 in S.B. Criminal Appeal No.1237/2022 and the case of present appellant is not distinguishable with that of the co-accused. It is submitted by learned counsel for the appellant that he has falsely been implicated in this case. The appellant is in judicial custody since long and the trial of the case will take sufficiently long time to conclude. Thus, learned counsel submits that benefit of bail may be extended to the appellant.

Per contra, learned Public Prosecutor vehemently opposed the bail application.

Having regard to the totality of facts and circumstances as available on record and upon consideration of the arguments advanced without commenting on the merits of the case, this Court deems it proper to enlarge the appellant on bail.

Consequently, the instant appeal is allowed. The impugned order dated 01.04.2023 passed by the learned Special Judge, SC/ ST (Prevention of Atrocities) Cases, Sriganganagar is set aside. It is ordered that the accused-appellant Rajveer Singh S/o Sh. Thana Singh arrested in connection with FIR No.148/2022 registered at Police Station Srivijaynagar, District Sriganganagar, shall be released on bail, if not wanted in any other case, provided him furnish a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned lower Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.