Sher Singh S/O Omprakash vs State Of Rajasthan
2021 Latest Caselaw 2124 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Criminal Appeal No. 292/2021

Sher Singh S/o Omprakash, R/o Haldeena, P.s. Malakheda,
District Alwar (Raj) (At Present In Central Jail, Alwar)
                                                                        ----Appellant
                                   Versus
1.      State Of Rajasthan, Through P.p
2.      Ajay Kumar S/o Vijay Singh, Aged About 24 Years, R/o
        Nithari, P.s. Malakheda, District Alwar
                                                                     ----Respondents

For Appellant(s) : Mr. Anil Kumar Jain For State : Mr. Sher Singh Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

04/03/2021

1. Appellant has preferred this appeal aggrieved by order dated

28.01.2021 passed by Special Judge POCSO Cases No.1 Alwar,

whereby, bail application filed by the appellant under Section 439

Cr.P.C. was rejected.

2. F.I.R. No.161/2020 was registered at Police Station

Malakheda, District Alwar for offence under Sections 363, 376-D,

342 I.P.C. and Sections 5/6 of POCSO Act and Section 3(2)(va) &

3(1)(i) of SC/ST Act.

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

has not identified the petitioner. Similarly situated co-accused has

been enlarged on bail.

4. Learned Public Prosecutor has informed the complainant

(2 of 2) [CRLAS-292/2021]

about filing of the present appeal.

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

despite service.

6. Learned Public Prosecutor has opposed the appeal.

7. I have considered the contentions.

8. Considering the contentions put forth by counsel for the

appellant, I deem it proper to allow the appeal.

9. The order dated 28.01.2021 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 /35

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