LAXMINARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal appeals under Sec. 14(A) (2) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015) (for brevity, "the Act of 1989") have been filed in connection with FIR No. 287/2019 registered at Police Station Banipark, District Jaipur (West) for the offence under Ss. 409, 389, 420, 467, 468, 471, 120, 120-B and 109 of IPC and Sec. 3(2) (v) of the Act of 1989 and later on for the offence under Ss. 420, 409 and 120-B IPC and Sec. 3(2) (v) of the Act of 1989 against the accused-appellant Laxminarayan and in connection with FIR No. 283/2019 registered at Police Station Banipark, District Jaipur (West) for the offence under Ss. 420, 406, 467, 468, 471, 120-B and 109 of IPC and Sec. 3(2) (v) of the Act of 1989 and later on for the offence under Ss. 420, 406, 409 and 120-B IPC and Sec. 3(2) (v) of the Act of 1989 against the accused- appellant Vikas Sharma.

(2.) Learned Counsels for the appellants submits that in relation to the same incident, previously an FIR No. 17/2019 dtd. 2/7/2019 came to be registered wherein, after their arrest, they were extended benefit of bail. However, for the same incident, the instant FIR has been lodged which amounts to abuse of process of law. They further submit that similarly situated co-accused namely Ram Lakhan Disaniya and Neha Jain have already been extended benefit of pre- arrest bail by this Court vide order dtd. 13/12/2023. They, therefore, pray for benefit of pre-arrest bail.

(3.) Although, learned Public Prosecutor assisted by learned Counsel for the complainant opposed the prayer; but, could not dispute that taking into consideration similar contentions, co-accused persons namely Ram Lakhan Disaniya and Neha Jain have already been extended benefit of pre-arrest bail by this Court vide order dtd. 13/12/2023.