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Devaram vs State on 23 April, 2018

S.B. Criminal Appeal No. 514 / 2018
Devaram S/o Banshilal, By Caste Sargara R/o Village Jojawar,
Tehsil Marwar Junction District Pali.

State of Rajasthan Through Public Prosecutor.

For Petitioner(s) : Mr. Moti Singh
For Respondent(s) : Mr. K.V. Vyas, P.P.

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)

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)

(iii). that the appellant shall not leave India without previous

permission of the court.



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