Gajendra S/O Hansraj vs State Of Rajasthan
2021 Latest Caselaw 1228 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Criminal Appeal No. 113/2021
1.     Gajendra S/o Hansraj, Resident Of Village Isarda Thana
       Kapren Dist. Bundi.
2.     Dharmraj S/o Harikishan, Resident Of Village Chadgaon
       Thana Kapren Dist. Bundi. (Presently Confined To District
       Jail, Bundi)
                                                                    ----Appellants
                                     Versus
1.     State Of Rajasthan, Through Its Public Prosecutor.
2.     Surendra S/o Radheyshyam Meena, Resident Of Village
       Chadgaon Thana Kapren Dist. Bundi.
                                                                  ----Respondents

For Appellant(s)           :     Mr. Deepak Pareek
For Complainant(s)         :     Mr. Amit Jindal
For State                  :     Mr. Pankaj Agarwal, PP



         HON'BLE MR. JUSTICE PANKAJ BHANDARI


                           Judgment / Order
04/02/2021

1. Appellants have preferred this appeal aggrieved by order

dated 13.01.2021 passed by Special Judge SC/ST (Prevention of

Actrocities) Cases Bundi, whereby, bail application filed by the

appellants under Section 439 Cr.P.C. was rejected.

2. F.I.R. No. 460/2020 was registered at Police Station Sadar,

District Bundi for offence under Sections 341, 323, 427, 34 I.P.C.

and Section 3(2)(va) of SC/ST Act.

3. It is contended by counsel for the appellants that the

allegation of causing injury on the head which is said to be

dangerous to life is attributed to Petitioner No. 2-Dharmraj S/o

(2 of 3) [CRLAS-113/2021]

Harikishan. Marriage of Petitioner No. 1 Gajendra S/o Hansraj will

take place on 16.02.2021. The allegation against the co-accused

persons is of causing injury to Surendra and Dinesh, which is

simple in nature.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the appeal.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

appellants, I deem it proper to allow the appeal of Appellant No.

1-Gajendra S/o Hansraj and as far as appeal of Appellant No. 2-

Dharmraj S/o Harikishan is concerned, I am not inclined to

entertain the appeal.

7. The order dated 13.01.2021 is quashed and set aside qua

the Appellant No.1 and the appeal of Appellant No. 1-Gajendra

S/o Hansraj is, accordingly, allowed and it is directed that

Accused-appellant No.1 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.

8. However, appeal of Appellant No. 2-Dharmraj S/o Harikishan

is accordingly, dismissed.

(3 of 3) [CRLAS-113/2021]

9. However, Appellant No. 2-Dharmraj S/o Harikishan is free to

move fresh bail application before the concerned Court after

recording the statement of injured-victim in the Court.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /89

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