HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 514 / 2018
Devaram S/o Banshilal, By Caste Sargara R/o Village Jojawar,
Tehsil Marwar Junction District Pali.
—-Petitioner
Versus
State of Rajasthan Through Public Prosecutor.
—-Respondent
__
For Petitioner(s) : Mr. Moti Singh
For Respondent(s) : Mr. K.V. Vyas, P.P.
__
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Order
23/04/2018
Heard the learned counsel for the appellants and the learned
Public Prosecutor. Perused the material available on record.
The instant appeal has been filed under Section 14A (2) of
SC/ST (PA) Act on behalf of the appellants, apprehending his
arrest in connection with FIR No. 02/2018, Police Station Marwar
Junction for the offences under Sections 498A, 323, 328, 406,
120B, 376 IPC and Section 3(1)(r)(W1) of SC/ST (Prevention of
Atrocity) Act against the order dated 19.2.2018 passed by the
Special Judge, SC/ST (Prevention of Atrocities Cases), Pali
whereby the bail application preferred under Section 438 Cr.P.C.
on behalf of the appellant was rejected.
Counsel for the appellant submits that similarly situated co-
accused has already been enlarged on bail and case of the
appellant is not distinguishable from his case. He further urged
(2 of 3)
[CRLAS-514/2018]
that the appellant has been falsely been implicated in this case,
therefore no useful purpose would be served by sending the
appellant behind the bars for indefinite time. Thus, the appellant
may be released on anticipatory bail.
Learned Public Prosecutor opposed the prayer for
anticipatory bail.
Heard the learned counsel for the parties and perused the
impugned order.
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.
Accordingly, the bail application is allowed and it is directed
that in the event of arrest of appellant Devaram S/o Banshilal in
connection with FIR No. 02/2018, Police Station Marwar Junction,
the appellant shall be released on bail; provided he furnishes a
personal bond in the sum of Rs. 80,000/- along with two sureties
of Rs. 40,000/- each to the satisfaction of the concerned
Investigating Officer/S.H.O. on the following conditions :-
(i). that the appellant shall make himself available for
interrogation by a police officer as and when required;
(ii). that the appellant shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with
the facts of the case so as to dissuade him from disclosing
such facts to the court or any police officer; and
(3 of 3)
[CRLAS-514/2018]
(iii). that the appellant shall not leave India without previous
permission of the court.
(MANOJ KUMAR GARG)J.
bjsh
