Rajasthan High Court - Jodhpur
Gurvindra Singh @ Lara @ Goldi vs State on 7 October, 2020
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 769/2020
Gurvindra Singh @ Lara @ Goldi S/o Shri Ram Singh, Aged
About 28 Years, R/o Radeweala, 6 FA, Police Station Srikaranpur,
District Sri Ganganagar.
(At Present Lodged In Central Jail, Sri Ganganagar).
----Appellant
Versus
1. State, Through P.P.
2. Amrit Pal Singh S/o Shri Makhan Singh, R/o Ward No. 02,
Srikaranpur, District Sri Ganganagar.
----Respondents
For Appellant(s) : Mr. Jaikishan Haniya through VC
For Respondent(s) : Mr. Mohd. Javed Gouri, PP
HON'BLE MS. JUSTICE KUMARI PRABHA SHARMA
Order 07/10/2020 Accused-appellant has laid this appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act of 1989') to assail impugned order dated 02.09.2020 passed by Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Sri Ganganagar (for short, 'learned trial Court'). By the order impugned, learned trial Court has rejected bail application of the petitioner in respect of FIR No.153/2020 of Police Station Sri Karanpur, District Sri Ganganagar for offences under Sections 341, 323, 34 of IPC and Section 3(1)(r)(s), 3(2)(va) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act Cases. (Downloaded on 07/10/2020 at 08:26:38 PM)
(2 of 3) [CRLAS-769/2020] Learned counsel for the petitioner contended that there are omnibus allegations against the petitioner just with a view to create undue pressure upon the appellant. The appellant has falsely been impleaded in the present case. It is also submitted that the offences of Scheduled Caste/Scheduled Tribe have allegedly been leveled only with an intent to implicate the petitioner in the matter.
Learned Public Prosecutor though opposed the appeal, however, candidly conceded that the Investigating Officer in his report submitted that after investigation it is found that no offence under Section 382 IPC and Section 3(2)(V) of the SC/ST Act is made out. Learned Public Prosecutor has also placed on record a copy of the report submitted by the Investigating Officer in this regard.
Heard learned counsel for the parties.
Looking to the overall facts and circumstances of the case, perusing the material available on record as well as the fact that the Investigating Officer found that no offence under Section 382 IPC and Section 3(2)(V) of the SC/ST Act is made out against the petitioner, this Court deems it just and appropriate to grant indulgence to the petitioner by enlarging him on bail.
Accordingly, the instant appeal is allowed and the impugned order passed by the learned trial Court is set aside. As a (Downloaded on 07/10/2020 at 08:26:38 PM) (3 of 3) [CRLAS-769/2020] consequence of setting aside of the impugned order, the bail application of the appellant is allowed and it is ordered that the accused-appellant, Gurvindra Singh @ Lara @ Goldi S/o Shri Ram Singh arrested in connection with F.I.R. No.153/2020 Police Station Sri Karanpur, District Sri Ganganagar may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with 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.
(KUMARI PRABHA SHARMA),J 52-Sachin/-
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