Kanhiyalal S/O Ram Singh Meena vs State Of Rajasthan
2021 Latest Caselaw 1704 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Criminal Appeal No. 1517/2020
Kanhiyalal S/o Ram Singh Meena, Aged About 30 Years, R/o
Sawantgarh, Thana Deoli Distt. Tonk. (At Present Accused Is
Confined In District Jail , Tonk.)
                                                                   ----Appellant
                                   Versus
1.      State Of Rajasthan, Through P.p.
2.      Babudi Wife Of Ram Parsad, R/o Kasir, Police Station,
        Deoli, Tonk, Rajasthan, India.
                                                                ----Respondents

Connected With S.B. Criminal Appeal (Sb) No. 1518/2020 Manish S/o Ram Lal, R/o Barla Poliya Thana Hanuman Nagar, Distt. Bhilwara. (At Present Accused Is Confined In District Jail, Tonk)

----Appellant Versus

1. State Of Rajasthan, Through P.p.

2. Babudi Wife Of Ram Parsad, R/o Kasir, Police Station, Deoli, Tonk, Rajasthan, India.

----Respondents

For Appellant(s) : Mr. Namish Nigotia For State : Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI Judgment / Order

16/02/2021

1. Appellants have preferred these appeals aggrieved by order

dated 28.09.2020 passed by Additional Session Judge, Tonk, &

23.09.2020 passed by Special Judge, SC/ST Cases, Tonk,

whereby, bail applications filed by the appellants under Section

439 Cr.P.C. were rejected.

(2 of 2) [CRLAS-1517/2020]

2. F.I.R. No.352/2020 was registered at Police Station Deoli,

District Tonk for offence under Sections 366, 376-D, 120-B & 506

I.P.C. and Section 3(1)(w)(i), 3(1)(w)(ii) & 3(2)(va) of SC/ST Act.

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

is a major. She in her statement recorded under Section 164

Cr.P.C. has not levelled any allegation with regard to rape against

the petitioner.

4. Learned Public Prosecutor has informed the complainant

about filing of the appeal.

5. No one has appeared on behalf of the complainant despite

service.

6. Learned Public Prosecutor has opposed these appeals.

7. I have considered the contentions.

8. Considering the contentions put forth by counsel for the

appellants, I deem it proper to allow these appeals.

9. The order dated 28.09.2020 & 23.09.2020 are quashed and

set aside and the appeals are, accordingly, allowed and it is

directed that accused-appellants shall be released on bail provided

each of them 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 they 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.

10. A copy of this order be placed in connected file.

(PANKAJ BHANDARI),J NIKHIL KR. YADAV /55-56

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