Purshottam @ Bunti Son Of ... vs State Of Rajasthan
2022 Latest Caselaw 2365 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

             S.B. Criminal Appeal (Sb) No. 113/2022
Purshottam @ Bunti Son Of Ramswaroop, Resident Of Bankya,
Police Station Sultanpur, District Kota (At Present Confined At
District Jail Kota)
                                                                       ----Appellant
                                     Versus
1.      State Of Rajasthan, Through P.p
2.      Rajendra Erwal, aged 34 years Resident Of Bakaya Police
        Station Sultanpur District Kota
                                                                   ----Respondents

For Appellant(s) : Mr. Sudarshan Kumar Laddha For Respondent(s) : Mr. Nitranjan Singh through VC For State : Mr. S.K.Mahala, PP

HON'BLE MR. JUSTICE FARJAND ALI

Judgment / Order

16/03/2022

The instant appeal has been filed under Section 14A SC/ST

(Prevention of Atrocities) Act on behalf of the appellant

Purshottam @ Bunti Son Of Ramswaroop who is in custody in

connection with FIR No.252/2021, Police Station Sultanpur,

District Kota (Rural), for the offences under Sections 341, 323 &

34 of IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the SC/ST

(Prevention of Atrocities) Act.

Heard learned counsel for the appellant, learned counsel for

the complainant and learned Public Prosecutor. Perused the

material available on record.

It is submitted by learned counsel for the appellant that

accused-appellant has falsely been implicated in the case. He has

(2 of 2) [CRLAS-113/2022]

nothing to do with the alleged offences. He is behind the bars

since his arrest.

Per contra, learned Public Prosecutor and learned counsel for

the complainant have vehemently opposed the appeal.

As per the parcha-bayan of deceased-Anokh Bai, the

assailants were Pappu Gurjar, Suresh Gurjar and Narendra Gurjar

who bashed her up and as a result thereof, she succumbed to her

injuries. As per autopsy report, death of the deceased occurred

due to spleen rapture. There are only two injuries. After

investigation, challan has been filed. The deceased has not

levelled any allegation against the appellant while her statement

was recorded by a police officer. Looking to the totality of facts

and circumstances of the case, and upon a consideration of the

arguments advanced, I am of the opinion that the appellant

deserves to be enlarged on bail.

Consequently, the instant appeal is allowed. The impugned

order dated 22.12.2021 passed by the Special Judge, SC/ST

(Prevention of Atrocities) Cases, Jaipur Metropolitan-I, Jaipur is

set aside. It is ordered that the accused-appellant- Purshottam @

Bunti Son Of Ramswaroop arrested in connection with aforesaid

FIR, shall be released on bail, if not wanted in any other case,

provided he furnishes a personal bond of Rs. 50,000/- and two

sureties of Rs. 25,000/- each to the satisfaction of the learned trial

Court with the stipulation to appear before that Court on all dates

of hearing and as and when called upon to do so.

(FARJAND ALI),J

ARTI SHARMA /90

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