Kedar @ Kedawat Son Of Shri Bhojraj vs State Of Rajasthan
2021 Latest Caselaw 2776 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Criminal Appeal No. 829/2021

Kedar @ Kedawat Son Of Shri Bhojraj, Aged About 30 Years,
Resident Of Khirni Police Station Bonlil District Sawaimadhopur
At Present In District Jail, Sawaimadhopur
                                                                  ----Appellant
                                  Versus
1.     State Of Rajasthan, Through The Pp
2.     Pooja D/o Shri Puniram, Resident Of Bajrang Colony,
       Jatwara Khurd, Sawaimadhopur
                                                               ----Respondents

For Appellant(s) : Mr. Harendra Singh, through VC For Complainant(s) : Mr. Tarun Jain, through VC For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

09/07/2021

1. Appellant has preferred this appeal aggrieved by order dated

07.04.2021 passed by Special Judge SC/ST (POA) Cases

Sawaimadhopur, whereby, bail application filed by the appellant

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

2. F.I.R. No.90/2020 was registered at Mahila Police Station

Sawaimadhopur for offence under Sections 3(1)(w)(ii), 3(2)(va) of

SC/ST Act and Section 376 and 316 of IPC.

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

statement recorded, prosecutrix has stated that she wants to stay

with the appellant and for that purpose only, she lodged the FIR.

4. Learned Public Prosecutor and counsel for the complainant

(2 of 2) [CRLAS-829/2021]

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 07.04.2021 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 /92

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