Sonu Gurjar @ Ajay Patel S/O ... vs State Of Rajasthan
2021 Latest Caselaw 1106 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Criminal Appeal No. 95/2021

Sonu Gurjar @ Ajay Patel S/o Rajendra Singh Mokhri, Aged
About 22 Years, R/o Balluwas Road, Police Station Mundawar,
Distt. Alwar Raj. (At Present Confined In Distt. Jail Alwar)
                                                                        ----Appellant
                                   Versus
1.     State Of Rajasthan, Through P.p.
2.     Pappu Meena S/o Ganpat Meena, R/o Meena Mohalla,
       Police Station Mundawar, Distt. Alwar Raj.
                                                                     ----Respondents

For Appellant(s) : Mr. Girish Khandelwal For Injured : Mr. Aslam S. Khan For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

02/02/2021

1. Appellant has preferred this appeal aggrieved by order dated

08.01.2021 passed by Special Judge SC/ST (Prevention of

Atrocities) Cases Alwar (Raj.), whereby, bail application filed by

the appellant under Section 439 Cr.P.C. was rejected.

2. F.I.R. No.149/2019 was registered at Police Station

Mundawar, District Alwar for offence under Sections 147, 148,

149, 307 I.P.C. and Sections 3(2)(va) of POCSO Act and Section

3/25 of Arms Act.

3. It is contended by counsel for the appellant that the injured

has turned hostile. Parties have entered into a compromise.

4. The fact that parties have entered into a compromise is not

(2 of 2) [CRLAS-95/2021]

disputed by counsel for the injured.

5. Learned Public Prosecutor has contended that he has

informed the complainant about filing of the appeal. No one has

put in appearance on behalf of the complainant.

6. Learned Public Prosecutor has opposed the appeal.

7. I have considered the contentions.

8. Considering the contentions put forth by counsel for the

appellant, I deem it proper to allow the appeal.

9. The order dated 08.01.2021 is quashed and set aside and

the appeal is, accordingly, allowed and it is directed that accused-

appellant shall be released on bail provided he furnishes a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only)

together with two sureties in the sum of Rs.50,000/- (Rupees Fifty

Thousand only) each to the satisfaction of the trial Court with the

stipulation that he shall appear before that Court and any Court to

which the matter be transferred, on all subsequent dates of

hearing and as and when called upon to do so.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /73

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