Shubhkaran Dan vs State Of Rajasthan And Others

Kuldeep 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 F.I.R. No.107/2021, registered at Police Station Deshnok, District Bikaner, for the offences under Sections 302, 341, 143 IPC and Sections 3(2)(v), 3(2)(Va) of the SC and ST (Prevention of Atrocities) Act against the order dated 16.12.2023 passed by the learned Special Judge Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Bikaner whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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

Learned counsel for the appellant submitted that the appellant has falsely been implicated in the present case and he has nothing to do with the alleged offences. Learned counsel submitted that the co-accused persons namely Amir Khan and Rasid Khan @ Sadu Khan have already been enlarged on bail by a coordinate Bench of this Court vide order dated 23.11.2023 in S.B. Criminal Appeal (Sb) No.1583/2023. Learned counsel submitted that another co-accused namely Prabhu Dan has also been enlarged on bail by the competent criminal court vide order dated 08.11.2023. Learned counsel further submitted that the case of present appellant is not distinguishable from that of the above named co-accused persons who have already been enlarged on bail.

It was contended that the learned court below has grossly erred in law as well as on facts in declining to release the appellant on bail. Learned counsel submitted that the appellant is in custody; challan of the case has already been filed; and trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail should be granted to the accused-appellant.

Learned Public Prosecutor and learned counsel for the complainant vehemently opposed the prayer for bail. However, they were not in a position to refute the fact that the above named co-accused persons have already been enlarged on bail by a coordinate Bench of this Court as well as the competent criminal court.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at bar, this Court prima facie finds that the case of present appellant is not distinguishable from that of the above named co-accused persons who have already been enlarged on bail; challan of the case has already been filed. Thus, on the ground of parity, to maintain judicial discipline and consistency, this Court is of the prima facie 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 16.12.2023 passed by the learned Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Bikaner, is set aside. It is ordered that the accused-appellant Shubhkaran Dan S/o Girdhari Dan arrested in connection with F.I.R. No.107/2021, registered at Police Station Deshnok, District Bikaner shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- 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.