Rajesh @ Raju S/O Kailash Chand vs State Of Rajasthan
2021 Latest Caselaw 124 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Appeal No. 1553/2020

Rajesh @ Raju S/o Kailash Chand, Aged About 22 Years, R/o
Jainpurbas, Police Station Behror, District Alwar (Raj.) (At
Present Confined In Central Jail, Alwar)
                                                                   ----Appellant
                                   Versus
1.      State Of Rajasthan, Thraough P.p.
2.      Satyanarayan S/o Rampat, R/o Pahadi, Behror, District
        Alwar.
                                                                ----Respondents

For Appellant(s) : Mr. Arvind Kumar Gupta, through VC For Complainant(s) : Mr. Anil Agarwal for Mr. Surendra Singh Sunda, through VC For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

07/01/2021

1. Appellant has preferred this appeal aggrieved by order dated

04.09.2019 passed by Special Judge SC/ST (Prevention of

Atrocities)Cases Alwar (Raj.), whereby, bail application filed by the

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

2. F.I.R. No.146/2019 was registered at Police Station Bansur,

District Alwar for offence under Sections 147, 148, 149, 341, 323,

302 I.P.C. and Section 3 of SC/ST Act.

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

situated co-accused have been enlarged on bail. No overt act is

assigned to the petitioner. The petitioner was not named in the

FIR and even the injured-Vikram in his statement, did not name

(2 of 2) [CRLAS-1553/2020]

the present petitioner.

4. Learned Public Prosecutor has opposed the appeal.

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 04.09.2019 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 /24

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