Abid Mohammad S/O Yunus Mohammad vs State Of Rajasthan
2021 Latest Caselaw 1994 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 186/2021

Abid Mohammad S/o Yunus Mohammad, R/o Durga Basti Kota
(At Present Confined At Central Jail Kota)
                                                                       ----Appellant
                                   Versus
1.    State Of Rajasthan, Through P.p
2.    Sajid Khan S/o Abdul Hameed Khan R/O H.N. 150 Kesar
Bag Gali No. 2 P.S. Borkhera Kota City At Present A.S.I
Kishorpura Kota City Raj.


                                                                     ----Respondent

For Appellant(s) : Mr. Abdul Rahim Khan 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

13.01.2021 passed by Special Judge SC/ST Cases Kota, whereby,

bail application filed by the appellant under Section 439 Cr.P.C.

was rejected.

2. F.I.R. No.395/2019 was registered at Police Station

Gumanpura Kota for offence under Sections 332, 353, 307 I.P.C.

and Sections 3(2)(VA) of SC/ST Act.

3. It is contended by counsel for the appellant that statement of

the injured witness has been recorded, has turned hostile and did

not identify the appellant.

4. Learned Public Prosecutor has given the information to the

(2 of 2) [CRLAS-186/2021]

complainant about filing of the present appeal.

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 13.01.2021 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 /64

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