Mushtak Ali Khan S/O Shri Munshi ... vs State Of Rajasthan
2021 Latest Caselaw 590 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Appeal No. 1691/2020

Mushtak Ali Khan S/o Shri Munshi Khan, Aged About 24 Years,
R/o Baleta, Police Station Malakhera, Distt. Alwar Raj. (At
Present Confined In Central Jail Alwar)
                                                                        ----Appellant
                                   Versus
1.      State Of Rajasthan, Through P.p.
2.      Victim W/o Rahul, R/o Baleta, Police Station Malakhera
        Distt. Alwar.
                                                                     ----Respondents

For Appellant(s) : Mr. Kapil Gupta present in the Court For Respondent(s) : Mr. Mangal Singh Saini, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

21/01/2021

1. Appellant has preferred this appeal aggrieved by order dated

04.11.2020 passed by Special Judge SC/ST Cases, Alwar (Raj.),

whereby, bail application filed by the appellant under Section 439

Cr.P.C. was rejected.

2. F.I.R. No.440/2020 was registered at Police Station

Malakhera, District Alwar for offence under Sections 323, 341,

376, 457 I.P.C. and Sections 3(1)(b), 3(1)(d), 3(1)(gha), 3(2)(va)

of SC/ST Act.

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

is a married major lady. Charge-sheet has been filed. From the

charge-sheet, it is revealed that appellant and prosecutrix were in

a relationship.

(2 of 2) [CRLAS-1691/2020]

4. Complainant has been informed about filing of the appeal.

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

despite service,.

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 04.11.2020 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 /86

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