Ranjeet vs State Of Rajasthan And Ors

The present appeal has been filed under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

(Amendment Act, 2015) (for short ""the Act of 1989""). The appellant has been arrested in connection with FIR No.267/2020 registered at Police

Station Taleda, District Bundi for the offence (s) under Section(s) 143, 341, 323 & 302 of IPC and under Section 3(2)(V) of the Act of 1989 and later

on the offences under Sections 147, 149, 341, 323 & 302 of IPC and under Section 3(2)(V) of the Act of 1989.

It is contended by learned counsel for the appellant that he is not named in the FIR and the eye witness Manoj, in his statement recorded under

Section 161 CrPC, did not level any specific allegation against the present petitioner. He submitted that from the material on record, it is apparent that

the incident occurred at the spur of moment without any premeditation. He submitted that the petitioner is in custody since 11.09.2020, charge-sheet

has been filed, he has no criminal antecedents, co- accused Anil Saini has been extended benefit of bail by this Court and prayed for his release on

bail.

Learned Public Prosecutor assisted by learned counsel for the complainant opposing the appeal submitted that in view of the gravity of allegation

against the appellant, he does not deserve indulgence of bail.

Taking into consideration the submissions advanced by learned counsels for the respective parties, the nature of allegation against the appellant, his

length of custody, filing of charge-sheet, release of co-accused Anil Saini on bail by this Court and the material available in the charge-sheet; but,

without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the appellant on bail.

The order dated 08.10.2020 passed by the learned Special Judge, SC/ST (POA) Cases, Bundi is quashed and set-aside and the appeal is accordingly

allowed and it is directed that accused- appellant Ranjeet S/o Mangilal shall be released on bail provided he furnishes a personal bond in the sum of

Rs.100,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of

the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is (3 of 3) [CRLAS-1844/2020]

transferred, on all subsequent dates of hearing and as and when called upon to do so.