The High Court of Rajasthan allowed the criminal appeal and set aside the impugned order, releasing the appellant on bail after considering his submission of innocence and lack of corroborating evidence against him.
Appellant released on bail with personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Appeal No. 183/2022
Sumer Singh S/o Shri Sunil @ Dhudaram, Aged About 30 Years, R/o Khori, Police Station Behror, District Alwar (Raj) (At Present Confined In Central Jail Alwar)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. V.P. Yadav. For Respondent(s) : Mr. S.P. Sharma, PP.
HON'BLE MR. JUSTICE FARJAND ALI
Order
19/04/2022
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 FIR No. 211/2016, Police Station Behror, Alwar for the offences under Sections 302/34 of IPC and Section 3(ii)(v) of the SC/ST (Prevention of Atrocities) Act.
The complainant/victim of this case has been informed about hearing of the bail plea but despite service none appeared on behalf of the complainant/victim.
Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.
(2 of 2)
[CRLAS-183/2022]
It is submitted by learned counsel for the appellant that he has nothing to do with the alleged offence, therefore, benefit of bail may be granted to the appellant. He further submits that as per the contents of the FIR, the accused appellant accompanied with Manjeet and deceased Vikram on the fateful day of incident. The said Manjeet has been examined in the trial and he is not supporting the case of the prosecution. He further submits that there is no other evidence.
Per contra, learned learned Public Prosecutor opposed the bail application.
Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned order dated 04.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Alwar is set aside. It is ordered that the accused-appellant -Sumer Singh S/o Shri Sunil @ Dhudaram arrested in connection with aforesaid FIR , shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 50,000/- and two sureties 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.
(FARJAND ALI),J
PREETI VALECHA /98
1 issue framed by the court
Whether the appellant deserves to be enlarged on bail given the facts and circumstances.
1 provisions across 1 enactments
Sumer Singh
State Of Rajasthan
Prakash
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
