Lekhram Son Of Kailash Chand vs State Of Rajasthan
2021 Latest Caselaw 1831 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Appeal (Sb) No. 208/2021
Lekhram Son Of Kailash Chand, Resident Of Haldina, Police
Station Malakheda, District Alwar (Raj) (At Present In Central
Jail, Alwar)
                                                                         ----Appellant
                                    Versus
1.      State Of Rajasthan, Through Pp
2.      Ajay Kumar Son Of Vijay Singh, Resident Of Nithari,
        Police Station Malakheda, District Alwar (Raj)
                                                                      ----Respondents

For Appellant(s) : Mr. Surendra Singh Sunda For State : Mr. Deshraj Gosingha, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

18/02/2021

1. Appellant has preferred this appeal aggrieved by order dated

27.01.2021 passed by Special Judge POCSO Cases No-1, Alwar,

whereby, bail application filed by the appellant under Section 439

Cr.P.C. was rejected.

2. F.I.R. No.161/2020 was registered at Police Station

Malakheda, District Alwar (Raj.) for offence under Sections 363,

376-D, 342 I.P.C. and Section 5/6 of POCSO Act and Sections 3(2)

(va), 3(1)(i) of SC/ST (Prevention of Atrocities) Act, 1989.

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

has not identified the appellant and has turned hostile.

4. Learned Public Prosecutor has informed the complainant

about filing of the present appeal.

(2 of 2) [CRLAS-208/2021]

5. No one has put in appearance on behalf of the complainant,

despite service.

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 27.01.2021 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 /72

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