Prakash Chand Meena S/O Kajod Mal vs State Of Rajasthan
2021 Latest Caselaw 929 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Criminal Appeal No. 1801/2020

Prakash Chand Meena S/o Kajod Mal, Aged About 35 Years, R/o
Pakka Dhora, Tan Todi Thekla, Police Station Mandawari, Distt.
Dausa Raj. (At Present Lodged In Distt. Jail Dausa)
                                                                         ----Appellant
                                    Versus
1.      State Of Rajasthan, Through P.p.
2.      Victim     W/o    Brijmohan          Bairwa,        R/o        Pakka    Dhora
        Mandawari District Dausa Rajasthan
                                                                      ----Respondents

For Appellant(s) : Mr. Ritesh Jain present in the Court For Respondent(s) : Mr. Rajeev Bhushan Bansal present in the Court For State : 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

01.12.2020 passed by Special Judge SC/ST Cases, Dausa,

whereby, bail application filed by the appellant under Section 439

Cr.P.C. was rejected.

2. F.I.R. No.233/2020 was registered at Police Station

Mandawari, District Dausa for offence under Sections 376-D, 420

and 506 I.P.C. and Section 3(2)(v) of SC/ST Act.

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

inordinate delay in lodging of the F.I.R. Appellant himself is a

member of Scheduled Tribe. Prosecutrix is a major lady, aged

thirty five years having two children.

(2 of 2) [CRLAS-1801/2020]

4. Learned Public Prosecutor and counsel for the complainant

have 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 01.12.2020 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 /103

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