Murli Jadu vs State Of Rajasthan
2021 Latest Caselaw 9206 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 289/2021

Murli Jadu S/o Sh. Lal Jadu, Aged About 30 Years, R/o Gandhi Nagar Kachi Basti, P.s. Amba Mata, Dist. Udaipur. (Presently Lodged In Central Jail, Udaipur).

----Appellant Versus

1. State Of Rajasthan, Through PP

2. Smt. Roopa Gamati W/o Shambhu Lal Gamati, Aged About 22 Years, R/o Kadmal, P.s. Gogunda, Dist. Udaipur. At Present Samudiyak Bhawan Old Basti Malla Talai P.s. Ambamata, Dist. Udaipur.

----Respondents Connected With S.B. Criminal Appeal (Sb) No. 235/2021

1. Mohd. Shakil S/o Mustkim Khan, Aged About 31 Years, Ro Pani Ki Tanki Wali Gali, Sajjan Nagar, P.s. Ambamata, Distt. Udaipur (Raj.). (At Present Lodged In Central Jail, Udaipur).

2. Mohd. Irfan S/o Liyakat Husain, Aged About 34 Years, R/o Bhishti Mohalla Sadar Bazar, Kherwada Distt. Udaipur At Present Outside Of Mastan Baba, P.s. Ambamata, Udaipur (Raj.). (At Present Lodged In Central Jail, Udaipur).

----Appellants Versus

1. State, Through PP

2. Smt. Rupa Gameti W/o Shambhulal Gameti, R/o Kadmal P.s. Gogunda At Present Community Hall, Aud Basti, Mallatalai, P.s. Ambamata, Distt. Udaipur (Raj.).

                                                                ----Respondents


For Appellant(s)         :     Mr. Vikram Singh
                               Mr. Anuj Sahlot
For Respondent(s)        :     Mr. B.R. Bishnoi, AGC



          HON'BLE MR. JUSTICE SANDEEP MEHTA

                                Judgment


                                          (2 of 3)                  [CRLAS-289/2021]

09/04/2021

Learned Public Prosecutor has placed on record the report

regarding service of notice of these appeals upon the

complainant/respondent No.2. However, no one has appeared on

her behalf despite service.

Heard. Perused the material available on record.

These two appeals have been preferred on behalf of the

appellants under Section 14A(2) of the SC/ST (Prevention of

Atrocities) Amendment Act 2015 being aggrieved of the order

dated 24.02.2021 passed by learned Special Judge, SC/ST

(Prevention of Atrocities) Cases, Udaipur in Misc. Criminal Case

Nos.45/2021 & 47/2021 rejecting the bail applications preferred

on behalf of the appellants who are in custody in connection with

FIR No.334/2020, Police Station Ambamata, District Udaipur, for

offences under Sections 342, 376-D IPC and under Section 3(2)

(va) of the SC/ST (Prevention of Atrocities) Act.

Learned counsel Shri Vikram Singh and Shri Anuj Sahlot,

representing the appellants point out that the statement of the

prosecutrix was recorded by the trial court on 20.02.2021. She did

not support the prosecution case and was declared hostile.

In this background and having regard to the overall facts and

circumstances of the case, this Court is of the opinion that the

appellants are entitled to be released on bail.

Consequently, both appeals are allowed. The order dated

24.02.2021 is set aside and it is ordered that the accused-

appellants (1) Murli Jadu S/o Shri Lal Jadu (2) Mohd. Shakil S/o

Shri Mustkim Khan & (3) Mohd. Ifran S/o Shri Liyakat Hussain

arrested in connection with FIR No.334/2020 Police Station

Ambamata, District Udaipur shall be released on bail during

(3 of 3) [CRLAS-289/2021]

pendency of the trial; provided each of them furnishes 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 173-Sudhir Asopa/-

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