Poonam Chand vs State Of Rajasthan
2022 Latest Caselaw 4735 Raj

(1 of 3) [CRLAS-181/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 181/2022

Poonam Chand S/o Shri Ganeshram, Aged About 32 Years, R/o Aakasiya Bera, Mola Bidiyad, P.s. Parbatsar, District Nagaur.

(At Present Lodged At Sub Jail, Merta)

----Appellant Versus

1. State Of Rajasthan, Through Pp

2. Smt. Geeta Devi W/o Shri Chandra Ram, R/o Ward No. 3, Bidiyad, P.s. Parbatsar, District Nagaur.

                                                                ----Respondents


For Appellant(s)         :     Mr. Vishal Sharma.
For Respondent(s)        :     Ms. Anita Gehlot, P.P.
                               Mr. Anirudh Purohit.



         HON'BLE MR. JUSTICE MANOJ KUMAR GARG

                         Judgment / Order

29/03/2022

The instant appeal has been filed under Section 14(A) of

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

who is in custody in connection with F.I.R. No.97/2021, Police

Station Parbatsar, District Nagaur, for the offences under Sections

450, 506, 376-D IPC and 3 (1) (w) (ii), 3 (2) (v) 3 (2) (va) SC/ST

Act against the order dated 16.02.2022 passed by the learned

Special Judge SC/ST (Prevention of Atrocities Act) Cases, Merta,

District Nagaur, whereby, the bail application preferred under

Section 439 Cr.P.C. on behalf of the appellant was rejected.

Counsel for the appellant submits that a specific allegation

has been levelled by the prosecutrix against the co-accused Ramu

Ram for committing rape but she has not alleged the present

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petitioner for committing rape. Challan of the case has already

been presented and no investigation is pending. Accused-

appellant is in judicial custody and the trial of the case will take

sufficient long time to be concluded. Therefore, the benefit of bail

should be granted to the accused-appellant. The learned court

below has grossly erred in law and facts as well in declining to

release the appellant on bail.

Learned Public Prosecutor and learned counsel for the

complainant have vehemently opposed the prayer for bail.

Heard learned counsel for the appellant as well as learned

public prosecutor & learned counsel for the complainant. Perused

the material available on record.

Having regard to the entirety of facts and circumstances as

available on record and upon a consideration of the arguments

advanced at the bar, this Court is of the opinion that the order

rejecting the application for bail filed on behalf of the appellant,

cannot be sustained and deserves to be set aside.

Consequently, the instant appeal is allowed. The impugned

order dated 16.02.2022 passed by the learned Special Judge

SC/ST (Prevention of Atrocities Act) Cases, Merta, District Nagaur

is set aside. It is ordered that the accused appellant Poonam

Chand S/o Shri Ganeshram arrested in connection with F.I.R.

No.97/2021, Police Station Parbatsar, District Nagaur shall be

released on bail; provided he furnishes a personal bond of Rs.

1,00,000/- and two surety bonds of Rs. 50,000/- each to the

satisfaction of the learned trial Court with the stipulation to appear

(3 of 3) [CRLAS-181/2022]

before that Court on all dates of hearing and as and when called

upon to do so.

(MANOJ KUMAR GARG),J 51-prashant/-

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