Lal Singh Alias Lalji Kanwar vs State Of Rajasthan And Others

Vinit Kumar Mathur, J

Learned Public Prosecutor submits that the respondent No.2 has been informed about the pendency of the present appeal and despite information, nobody has appeared on behalf of respondent No.2. The service report dated 09.04.2024 is taken on record.

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.162/2016, Police Station Thanwla, District Nagore for the offences under Sections 452, 302, 307, 323, 324 & 325/34 of I.P.C. and under Section 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 14.02.2024 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta, District Nagore, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

Heard. Perused the material available on record.

Learned counsel for the appellant submits that after dismissal of the appellant’s earlier appeal on 23.01.2020, 15 witnesses have been examined before the trial court and appellant’s condition has deteriorated on account of appellant suffering from By-polar Affective Disorder-Mania. Learned counsel further submits that the appellant is presently lodged in the mental asylum at Jaipur and was examined by a Medical Board. The Medical Board has also fortified the fact that the appellant is suffering from By-polar Affective Disorder-Mania. Learned counsel for the appellant, therefore, prays that the present criminal appeal may kindly be allowed and the appellant may be enlarged on bail so that his family members can take care of the physical condition of the appellant and the appellant can be given proper medical treatment from a higher center.

Learned Public Prosecutor has opposed the present appeal, however, he is not in a position to dispute the fact that the appellant is suffering from By-polar Affective Disorder-Mania and he is presently lodged in the mental asylum at Jaipur.

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appeal of the appellant deserves to be allowed.

Consequently, the instant appeal is allowed. The impugned order dated 14.02.2024 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Merta, District Nagore is set aside. It is ordered that the accused-appellant Lal Singh Alias Lalji Kanwar S/o Shri Mangu Singh arrested in connection with FIR No.162/2016, Police Station Thanwla, District Nagore shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.