Vinit Kumar Mathur, J.:— Lawyers are not physically appearing in the Court in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).
S.B. Criminal Appeal (Sb) No. 1053/2021:—
2. 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. 131/2021, Police Station Dangiyawas, District Jodhpur for the offences under Sections 457, 380, 302, 323, 460, 120-B of I.P.C. and under Section 4/25 of Arms Act and under Section 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 25.10.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
3. Heard. Perused the material available on record.
4. It is submitted by learned counsel for the appellant that the charge sheet in the case has been filed and there is no direct allegation of involvement of the present appellant in the incident alleged in the present case. The appellant is facing incarceration since 16.10.2021. He, therefore, prays that the appeal of the appellant may be allowed.
5. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the present appeal.
6. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court is of the opinion that the appeal of the appellant deserves to be allowed.
7. Consequently, the instant appeal is allowed. The impugned order dated 25.10.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Praveen Kumar Singh S/o Shri Dilip Singh arrested in connection with F.I.R. No. 131/2021, Police Station Dangiyawas, District Jodhpur 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.
S.B. Criminal Appeal (Sb) No. 1114/2021:—
8. 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. 131/2021, Police Station Dangiyawas, District Jodhpur for the offences under Sections 457, 380, 302, 323, 460, 120-B of I.P.C. and under Section 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 28.10.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
9. Heard. Perused the material available on record.
10. It is submitted by learned counsel for the appellant that the charge sheet in the case has been filed and there is no direct allegation of involvement of the present appellant in the incident alleged in the present case. The appellant is facing incarceration since 16.10.2021. He, therefore, prays that the appeal of the appellant may be allowed.
11. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the present appeal.
12. Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court is of the opinion that the appeal of the appellant deserves to be allowed.
13. Consequently, the instant appeal is allowed. The impugned order dated 28.10.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jodhpur is set aside. It is ordered that the accused-appellant Abhay Kumar Singh S/o Sh. Anil Kumar Singh arrested in connection with F.I.R. No. 131/2021, Police Station Dangiyawas, District Jodhpur 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.
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