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Judgment
17 paragraphs · 330 wordsVinit Kumar 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 FIR No.184/2021, Police Station Rajiv Gandhi Nagar, Jodhpur for the offences under Sections 323, 341, 458, 384, 308/34 of I.P.C. and 3(1)(r)(s),
3(2)(V)(va) of the SC/ST Act against the order dated 18.01.2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur
whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Heard. Perused the material available on record.
It is submitted by learned counsel for the appellant that the injury report of Prabhu Dayal shows that all the injuries sustained by the injured are simple
in nature. The incident occurred on a trivial issue in the heat of passion. He, therefore, prays that the appeal of the appellant may be allowed.
Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the present appeal.
Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced as also
considering the fact that the injuries sustained by the injured are simple in nature, this Court is of the opinion that the appeal of the appellant deserves
to be allowed.
Consequently, the instant appeal is allowed. The impugned order dated 18.01.2022 passed by the learned Special Judge, SC/ST (Prevention of
Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Ram Narayan @ Narayan S/o Shri Pema Ram arrested in connection
with F.I.R. No.184/2021, Police Station Rajiv Gandhi Nagar (Jodhpur) shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/-
(Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.