Lokesh Mochi vs State Of Rajasthan
2021 Latest Caselaw 8826 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 315/2021

Lokesh Mochi S/o Lt. Sh. Raju Mochi, Aged About 20 Years, R/o Gali No. 27, Aalu Factory, Kachi Basti Pula, P.s. Ambamata, Dist. Udaipur (Raj.). (Lodged In Central Jail, Udaipur).

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Jagdish Gameti S/o Jaitram Gamete, Aged About 33 Years, R/o H.no. 255, Gali No. 11, Main Road Krishnapura, P.s. Bhopalpura, Dist. Udaipur.

                                                                  ----Respondents


For Appellant(s)           :     Mr. J.V.S. Deora
For Respondent(s)          :     Mr. Gaurav Singh, P.P.
                                 Mr. Love Jain



              HON'BLE MR. JUSTICE SANDEEP MEHTA

                                  Judgment

05/04/2021

Heard learned counsel for the appellant, learned Public

Prosecutor, learned counsel for the complainant and perused the

case diary.

The instant appeal has been filed under Section 14-A(2)

SC/ST (Prevention of Atrocities) Act on behalf of the appellant,

who is in custody in connection with F.I.R. No.7/2021 registered at

the Police Station Bhopalpura, District Udaipur for the offences

under Sections 307, 323, 324, 34 IPC and Sections 3(2)(va) of the

SC/ST Act, against the order dated 10.03.2021 passed by the

learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases,

Udaipur in Criminal Misc. Case No.68/2021, whereby the bail

application preferred under Section 439 Cr.P.C. on behalf of the

appellant was rejected.

(2 of 2) [CRLAS-315/2021]

From a perusal of the challan papers, it appears that

the specific allegations of the injured in his statement under

Section 161 CrPC is that accused Rehan and Enayat stabbed him

by knives. Two stab wounds were observed when the injured was

examined by the Medical Jurist. The petitioner was allegedly

armed with a knuckle duster, but no blunt weapon injury was

found on the person of the injured.

In this view of the matter and having regard to the over

all facts and circumstances of the case, this Court is of the opinion

that the appellant deserves indulgence of bail and thus, the order

rejecting the application for bail filed on behalf of the appellant

cannot be sustained.

Consequently, the instant appeal is allowed. The

impugned order dated 10.03.2021 passed by the learned Special

Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in

Criminal Misc. Case No.68/2021 is set aside. It is ordered that the

accused-appellant Lokesh Mochi S/o late Raju Mochi arrested in

connection with F.I.R. No.7/2021 registered at the Police Station

Bhopalpura, District Udaipur shall be released on bail; provided he

furnishes a personal bond of Rs.50,000/- and 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.

(SANDEEP MEHTA),J

134-Pramod/-

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