Gomti And Others vs State Of Rajasthan And Others

@JUDGEMENT- JUDGEMENT

Kuldeep Mathur, J

Heard learned counsel for the appellants and learned Public Prosecutor. Perused the material available on record.

These appeals have been preferred on behalf of the appellants under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act being aggrieved by the order dated 05.03.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur Metropolitan, Jodhpur in Cr. Misc. Case (Bail) No.63/2024 and 62/2024, rejecting the bail applications preferred on behalf of the appellants who are in custody in connection with FIR No.25/2022, Police Station Mathania, District Jodhpur, for the offences under Sections 420 IPC and Sections 3(1)(f),(r),(s) and 3(2)(va) of the SC/ST Act.

Learned counsel for the appellants submitted that the appellants, who are aged about 60 years and 42 years respectively, have been falsely implicated in the present case. Drawing attention of the Court towards the FIR, learned counsel submitted that a dispute of purely civil nature between parties has been given the colour of criminal offence by the complainant. Learned counsel submitted that the appellants are in custody and trial of the case is likely to take time and therefore, the appellants deserve to be enlarged on bail.

Per contra, learned Public Prosecutor vehemently opposed the bail applications.

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the appellants are entitled to be released on bail.

Consequently, these appeals are allowed. The order dated 05.03.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocity) Cases, Jodhpur Metropolitan, Jodhpur is set aside. It is ordered that the accused-appellants (1) Gomti W/o Late Igya Ram and (2) Sugnaram S/o Binjaram arrested in connection with FIR No.25/2022, Police Station Mathania, District Jodhpur shall be released on bail during pendency of the trial; provided each of them furnishes personal bond of Rs.50,000/- and two surety bonds 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.

A copy of this order be placed in each file.