Rishikesh vs State Of Rajasthan, Through Pp And Ors

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

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.206/2018, Police Station Gangapur City, District Sawai Madhopur for the offences under Sections 143, 341, 323, 308, 365 and 395 IPC and Sections 3(1)(r)(s) and 3-2 (v) of the SC/ST (Prevention of Atrocities) Act against the order dated 21.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

The bail appeals filed on behalf of the main accused Atra @ Bhagwan and the co-accused Ramveer @ Guddu have been accepted by this Court on 20.08.2019 and 16.10.2019 respectively. The case of the present appellant stands on a better footing than that of co-accused Atra @ Bhagwan.

In this view of the matter and, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the Bar, this Court 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 21.01.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur is set aside. It is ordered that the accused-appellant, Rishikesh arrested in connection with F.I.R. No.206/2018, Police Station Gangapur City, District Sawai Madhopur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- 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.