Prem Narayan S/O Jagannath @ ... vs State Of Rajasthan
2021 Latest Caselaw 912 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Appeal No. 1838/2020

Prem Narayan S/o Jagannath @ Shyamlal, Aged About 32 Years,
R/o Ambedkar Colony, Behind Thana, Saalpura, Police Station
Kawai, Distt. Baran Raj. (At Present In Distt. Jail Baran)
                                                                   ----Appellant
                                   Versus
1.      State Of Rajasthan, Through P.p.
2.      Udhal Bediya S/o Shri Daulat Ram, R/o Ambedkar Colony,
        Saalpura, Police Station Kawai, Distt. Baran Raj.
                                                                ----Respondents

For Appellant(s) : Mr. Jagdish Singh Chauhan present in the Court For Respondent(s) : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

29/01/2021

1. Appellant has preferred this appeal aggrieved by order dated

02.12.2020 passed by Special Judge SC/ST Cases, Baran,

whereby, bail application filed by the appellant under Section 439

Cr.P.C. was rejected.

2. F.I.R. No.181/2020 was registered at Police Station Kawai,

District Baran (Raj.) for offence under Sections 341, 323, 307,

504 I.P.C. and Sections 3(1)(S) 3(2)(va) of SC/ST Act.

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

took place on the spur of the moment when father of complainant

was consuming liquor in the 'Mohalla'. It is contended that none of

the injuries is dangerous to life.

(2 of 2) [CRLAS-1838/2020]

4. 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 02.12.2020 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 /105

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