Devesh Solanki S/O Girraj Singh vs State Of Rajasthan (2024:Rj-Jp:21896)

Rajasthan High Court

Devesh Solanki S/O Girraj Singh vs State Of Rajasthan (2024:Rj-Jp:21896) on 9 May, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

[2024:RJ-JP:21896]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

        S.B. Criminal Appeal (Sb) No. 835/2024

Devesh Solanki S/o Girraj Singh, Aged About 23
Years, R/o Near Nobal School Rangbadi Police
Station Mahaveer Nagar Kota (At Present Confined
In Central Jail Kota District Kota)
                                                          ----Appellant
                                Versus
1.     State Of Rajasthan, Through Pp
2.     Mukesh Kumar Mahawar S/o Pannalal, R/o
       3/115, Swami Vivekanand Nagar Kota City
       R.k. Puram Kota (Rajasthan)
                                                    ----Respondents

For Appellant(s) : Mr. Nitin Kumar Sharma, Adv., with Mr. Gourav Sharma, Adv.

For                      : Mr. Suresh Kumar, P.P.
Respondent(s)

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 09/05/2024 Learned Public Prosecutor has apprised this Court that compliance of Section 15-A (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act of 1989") has been made in the present case.

The present criminal appeal under Section 14-A of the Act of 1989 has been filed in connection with FIR No.556/2023 registered at Police Station Mahaveer Nagar, District Kota City for the offence (Downloaded on 10/05/2024 at 09:23:19 PM) [2024:RJ-JP:21896] (2 of 3) [CRLAS-835/2024] under Section(s) 341, 323, 325, 307 & 143 of IPC and under Section(s) 3(2)(v), 3(2)(va) of the Act of 1989.

It is contended by learned counsel for the appellant that the appellant is innocent and has falsely been implicated in this case. He further submits that charge sheet has been filed. He also submits that the accused-appellant has been in judicial custody since 05.02.2024 and the conclusion of the trial will take long time, hence prays for his release on bail.

Learned Public Prosecutor has opposed the appeal.

Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the appellant on bail.

The order dated 16.04.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Kota is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Devesh Solanki S/o Girraj Singh shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees (Downloaded on 10/05/2024 at 09:23:19 PM) [2024:RJ-JP:21896] (3 of 3) [CRLAS-835/2024] One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so and shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

(UMA SHANKER VYAS),J DANISH USMANI /02 (Downloaded on 10/05/2024 at 09:23:19 PM) Powered by TCPDF (www.tcpdf.org)