Allowed

Bhikha Ram v. State of Rajasthan

Rajasthan HC1 May 2023CRLAS/422/2023

Case brief

AI extract

What is this about?

The High Court allowed this criminal appeal against the rejection of a bail application filed by Bhikha Ram under the SC/ST Act. Finding the lower court erred in law and facts, particularly where the dispute was settled, the court set aside the impugned order and directed the release of the appellant on bail with a personal bond and two surety bonds.

What did the court decide?

The impugned order rejecting bail dated 28.03.2023 was set aside and the appellant was directed to be released on bail upon furnishing a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,

Bhikha Ram Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023/RJJD/012749]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 422/2023

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Bhikha Ram S/o Madroopa Ram, Aged About 55 Years, R/o Dhamana Ka Goliya, Police Station Sanchore, District Jalore. (At Present Lodged In Central Jail, Jodhpur)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Narsi Ram @ Narendra Kumar S/o Hema Ram, B/c Meghwal, R/o Dhamna Ka Goliya, Police Station Sanchore, District Jalore.

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----Respondents

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For Appellant(s) : Mr. Dinesh Vishnoi For Respondent(s) : Mr. Laxman Solanki, P.P. Mr. Divakar Sharma, complainant

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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01/05/2023

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The instant appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.65/2023, Police Station Sanchore, District Jalore, for the offence under Sections 447, 341, 323 of IPC and Section 3(1)(r)(s), 3(2)(va) of the SC/ST Act against the order dated 28.03.2023 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Jalore whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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Learned counsel for the appellant submits that appellant has falsely been implicated in the present case. It is further submitted

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that the parties have mutually settled the dispute. The accusedappellant is in judicial custody since long and the trial of the case will take long time. Learned counsel further submits that the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Jalore has grossly erred in law and facts as well in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail may be granted to the accused-appellant.

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Learned Public Prosecutor has vehemently opposed the prayer for bail.

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Learned counsel for the complainant does not dispute the aforesaid fact that parties have mutually settled the dispute.

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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 orders rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeal is allowed. The impugned orders dated 28.03.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Jalore is set aside. It is ordered that the accused-appellant, Bhikha Ram S/o Madroopa Ram , arrested in connection with FIR No.65/2023, Police Station Sanchore, District Jalore , 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

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before that Court on all dates of hearing and as and when called upon to do so. The appellant is further directed not to take undue advantage of liberty or misuse liberty.

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(MADAN GOPAL VYAS),J

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56-Bharti/-

Bhikha Ram v. State of Rajasthan

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Bhikha Ram v. State of Rajasthan

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