Kanhiya Singh S/O Bhawar Singh S/O ... vs State Of Rajasthan
2022 Latest Caselaw 2375 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

                S.B. Criminal Appeal No. 266/2022

Kanhiya Singh S/o Bhawar Singh S/o Paliwal Compound Ke
Samne, Chwani, Kota (Raj.) (At Present Confined In District Jail
Kota)
                                                                    ----Appellant
                                    Versus
1.        State Of Rajasthan, Through The Public Prosecutor
2.        Victim, D/o Jagdish Nayak aged about 26 years R/o Milat
          Nagar, Borkheda, Dist. Kota City (Raj.)
                                                                 ----Respondents

For Appellant(s) : Mr. Manish Kumar Saini for Dr. Mahesh Sharma For Respondent(s) : 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(2) of

SC/ST (Prevention of Atrocities) Act on behalf of the appellant,

who is in custody in connection with FIR No.48/2022, Police

Station Borkheda, District Kota City, for the offences under Section

376 of IPC and Sections 3(2)(v) & 3(2)(va) of the SC/ST

(Prevention of Atrocities) Act.

Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the material available on record.

Despite service, no one has put in appearance on behalf of

the complainant/prosecutrix. The service of the notice be taken on

record.

(2 of 2) [CRLAS-266/2022]

It is submitted by learned counsel for the appellant that the

prosecutrix is of thirty six years of age and she & petitioner were

working at the same place and the incident of forceful seducement

has been alleged to be continued for two months.

Per contra, learned Public Prosecutor has vehemently

opposed the appeal.

Having regard to the totality of facts and circumstances and

material available on record and upon 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 16.02.2022 passed by the Special Judge, SC/ST

(Prevention of Atrocities) Cases, Kota is set aside. It is ordered

that the accused-appellant- Kanhiya Singh S/o Bhawar Singh

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 /82

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