Mohanlal @ Mohan @ Monu S/O ... vs State Of Rajasthan
2021 Latest Caselaw 1993 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Appeal No. 328/2021

Mohanlal @ Mohan @ Monu S/o Kalyanprasad, R/o Dhani
Aadinali Didawana Lalsot Tehsil Lalsot, District Dausa (Raj)
(Accused Presently Confined In Dist. Jail Dausa)
                                                                     ----Appellant
                                     Versus
1.     State Of Rajasthan, Through Pp
2.     Amit Kumar S/o Shr. Daulat Kumar, R/o Ward No. 4,
       Raigar Mohalla Didwana, Lalsot, Dausa (Raj)
                                                                  ----Respondents

For Appellant(s)           :     Mr. P.S. Rajawat
For Complainant(s)         :     Mr. Jitendra Singh Shekhawat
For State                  :     Mr. Sher Singh Mahla, PP



          HON'BLE MR. JUSTICE PANKAJ BHANDARI

                           Judgment / Order

23/02/2021

1. Appellant has preferred this appeal aggrieved by order dated

08.02.2021 passed by Special Judge SC/ST (Prevention of

Atrocities) Cases Dausa, whereby, bail application filed by the

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

2. F.I.R. No.613/2019 was registered at Police Station Lalsot,

District Dausa for offence under Sections 376(3), 506 I.P.C. and

Section 3/4 of POCSO Act and Sections 3(2)(v), 3(I)(w)(II), 3(1)

(S) of SC/ST Act.

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

has turned hostile.

4. Counsel for the complainant has not disputed the above fact.

(2 of 2) [CRLAS-328/2021]

5. Learned Public Prosecutor has opposed the appeal.

6. I have considered the contentions.

7. Considering the contentions put forth by counsel for the

appellant, I deem it proper to allow the appeal.

8. The order dated 08.02.2021 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 /65

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