Sayed Asif Ali vs State Of Rajasthan
2023 Latest Caselaw 5703 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No.1285/2023

Sayed Asif Ali S/o Sayed Aslam Ali, aged about 27 Years, R/o 601 Shaheed Bhagat Singh Nagar Aloo Factory Kachchi Basti Police Station Amba Mata Udaipur.

(Presently lodged at Central Jail, Udaipur)

----Appellant Versus

1. State of Rajasthan, through P.P.

2. Narayan Lal S/o Kuka Gameti, R/o Krishanpura Behind Saint Pauls School Near Church Ps Bhupalpura Udaipur

----Respondents

For Appellant(s) : Mr. R.S. Mankad For Respondent(s) : Ms. Anita Gehlot, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR Judgment

07/08/2023

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

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

who is in custody in connection with FIR No.222/2023 registered

at Police Station Bhupalpura, District Udaipur for the offences

under Sections 341, 323, 324, 307/34 IPC and Section 3(2)(v)

(va) of SC/ST Act.

This Court vide order dated 10.07.2023 had directed learned

Public Prosecutor to procure the case diary from the Investigating

Officer. In compliance of the order dated 10.07.2023, case diary

has been produced for the perusal of this Court.

Heard learned counsel for the appellant and learned Public

Prosecutor for the State. Perused the material available on record.

(2 of 3) [CRLAS-1285/2023]

Learned counsel for the appellant submitted that from the

perusal of the case diary and the statements of the injured -

Babulal Gameti recorded under Section 161 Cr.P.C., it is evident,

that specific allegations of inflicting injuries upon injured - Babulal

Gameti have been levelled against co-accused Bittu.

Learned counsel further submitted that as per Medical Jurist

of the Maharana Bhupal Government Hospital, Udaipur two

injuries i.e. Nos. 1 and 6 allegedly inflicted upon injured - Babulal

Gameti are simple in nature whereas information regarding injury

Nos.3 and 5 have been reserved. Learned counsel submitted that

the appellant is in judicial custody since 21.06.2023 and the trial

of the case will take sufficiently long time to conclude. Thus,

learned counsel prayed that benefit of bail may be extended to the

appellant.

Per contra, learned Public Prosecutor vehemently opposed

the appeal.

Having regard to the totality of facts and circumstances as

available on record and upon a consideration of arguments

advanced so also the fact that injured - Babulal Gameti in his

statements recorded under Section 161 Cr.P.C. has levelled

specific allegations of inflicting injuries upon him by sharp edged

weapon against co-accused Bittu, without commenting on the

merits of the case, this Court deems it proper to enlarge the

appellant on bail.

Consequently, the instant appeal is allowed. The impugned

order dated 27.06.2023 passed by the Special Judge, SC/ST

(Prevention of Atrocities Cases), District Udaipur is set aside. It is

ordered that the accused-appellant -Sayed Asif Ali S/o Sayed

(3 of 3) [CRLAS-1285/2023]

Aslam Ali arrested in connection with FIR No.222/2023 registered

at Police Station Bhupalpura, District Udaipur shall be released on

bail, if not wanted in any other case, provided him furnish a

personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/-

each to the satisfaction of the learned lower Court with the

stipulation to appear before that Court on all dates of hearing and

as and when called upon to do so.

(KULDEEP MATHUR),J 236-Ravi Khandelwal

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