Rohit Chobdar S/O Shri Rajendra ... vs State Of Rajasthan
2021 Latest Caselaw 2033 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                   S.B. Criminal Appeal No. 46/2021

Rohit Chobdar S/o Shri Rajendra Kumar Chobdar, Resident Of
Quarter No. 674/1/588/b, Loco Colony, Police Station Railway
Colony, Kota (Raj.) (At Present Confined In Central Jail, Kota
(Raj.))
                                                                           ----Appellant
                                      Versus
1.         State Of Rajasthan, Through P.p.
2.         Suresh S/o Babulal, Resident Of Sehravda Modak, Kota
           Rural, Kota (Raj.)
                                                                        ----Respondents

For Appellant(s) : Mr. Govind Lal Choudhary For Complainant(s) : Mr. Shamsuddin Ansari For State : Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

24/02/2021

1. Appellant has preferred this appeal aggrieved by order dated

14.12.2020 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.213/2020 was registered at Police Station

Borkheda, District Kota City, Kota for offence under Sections 302

I.P.C.

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

not named in the F.I.R. There is no eye witness. Only a knife is

stated to have been recovered from the appellant. It is also

contended that main accused is Mahaveer Singh from whom knife

(2 of 2) [CRLAS-46/2021]

and blood stained clothes have been recovered. There is no last

seen witness to connect the appellant with the crime.

4. Learned Public Prosecutor and counsel for the complainant

have opposed the appeal. Deceased had received more than thirty

injuries and as per the conclusion of the charge-sheet, appellant

was also one of the assailants.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

appellant, I deem it proper to allow the appeal.

7. The order dated 14.12.2020 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

ARTI SHARMA /57

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