Rajasthan High Court - Jodhpur
Ravindra Kumar @ Revanta Ram vs State on 13 September, 2021
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 787/2021
1. Ravindra Kumar @ Revanta Ram S/o Bajranga Ram, Aged
About 24 Years, R/o Meghwalon Ki Dhani, Tejua, P.s.
Sadar, Jaisalmer, At Present R/o Gandhi Colony, Jaisalmer
(Raj.) (At Present Lodged In District Jail, Jaisalmer)
2. Ummed Kumar @ Dama Ram S/o Hamira Ram, Aged
About 23 Years, R/o Meghwalon Ki Dhani, Tejua, P.s.
Sadar, Jaisalmer (Raj.) (At Present Lodged In District Jail,
Jaisalmer)
3. Dinesh Kumar @ Deena Ram S/o Nimba Ram, Aged About
30 Years, R/o Meghwalon Ki Dhani, Tejua, P.s. Sadar,
Jaisalmer (Raj.) (At Present Lodged In District Jail,
Jaisalmer)
4. Raju Ram @ Rajesh Kumar S/o Chena Ram, Aged About
21 Years, R/o Meghwalon Ki Dhani, Tejua, P.s. Sadar,
Jaisalmer (Raj.) (At Present Lodged In District Jail,
Jaisalmer)
5. Kapil Kumar S/o Nimba Ram, Aged About 22 Years, R/o
Meghwalon Ki Dhani, Tejua, P.s. Sadar, Jaisalmer (Raj.)
(At Present Lodged In District Jail, Jaisalmer)
----Appellants
Versus
1. State, Through Pp.
2. Ratana Ram S/o Maru Ram, B/c Bheel R/o Bhillon Ki
Dhani, Teju, Dist. Jaisalmer.
----Respondents
For Appellant(s) : Mr. K.L. Chauhan
For Respondent(s) : Mr. Vikram Sharma, P.P.
None present on behalf of
complainant
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(2 of 3) [CRLAS-787/2021]
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 13/09/2021 Learned Pubic Prosecutor stated that as per his information, the concerned complainant has been informed about the pendency of this appeal.
Despite of that, nobody is present on behalf of the complainant today.
The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who is in custody in connection with FIR No.65/2021, Police Station Sadar, District Jaisalmer for the offences under Sections 147, 148, 341, 323, 308, 354, 149 of I.P.C. and Sections 3(1)(R) (S), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dated 25.08.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaisalmer, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.
Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the appellant stated that none of the injures are found to be grievous in nature and on vital part of the body; benefit of bail has been granted to co-accused Ganesh Parihar @ Ganesharam and Chetan Ram vide order dated 18.08.2021 by this Court; charge-sheet has been filed; With this submissions, learned counsel for the appellants prayed that benefit of bail may be granted to the accused-appellants.
Per contra, learned Public Prosecutor has vehemently opposed the appeal.
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(3 of 3) [CRLAS-787/2021]
Thus, having regard to the entirety of facts and
circumstances as available on record, since charge-sheet has been filed and benefit of bail has been granted to co-accused Ganesh Parihar @ Ganesharam and Chetan Ram vide order dated 18.08.2021, this Court is of the opinion that the appellants deserve to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned order dated 25.08.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jaisalmer is set aside. It is ordered that the accused-appellants (1) Ravindra Kumar @ Revanta Ram S/o Bajranga Ram, (2) Ummed Kumar @ Dama Ram S/o Hamira Ram, (3) Dinesh Kumar @ Deena Ram S/o Nimba Ram, (4) Raju Ram @ Rajesh Kumar S/o Chena Ram, and (5) Kapil Kumar S/o Nimba Ram arrested in connection with F.I.R. No. 65/2021, Police Station Sadar, District Jaisalmer shall be released on bail, if not wanted in any other case; provided each of them 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.
(DEVENDRA KACHHAWAHA),J 182-Bharti/-
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