Vinod Son Of Shri Hakim Singh vs State Of Rajasthan ...
2023 Latest Caselaw 1839 Raj/2

[2023/RJJP/002103]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

           S.B. Criminal Appeal No. 174/2023

Vinod Son of Shri Hakim Singh, Resident Of
Chilachond       Police      Station      Sadar          Badi,   District
Dholpur (Raj.) (At Present Confined In District Jail
Dholpur)
                                                          ----Appellant
                                Versus
1.       State Of Rajasthan, Through P.p
2.       Victim, R/o
                                                   ----Respondents

For Appellant(s) : Mr. Anil Jain, Adv.

For                      : Mr. M.K. Sheoran, P.P.,
Respondent(s)              Mr. Pushpendra Kumar
                           Pandey, Adv.

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

08/02/2023

Learned Public Prosecutor has apprised this

Court that compliance of Section 15-A (3) of the

Scheduled Castes and the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (for short "the

Act of 1989") has been made in the present case.

Mr. Pushpendra Kumar Pandey, learned counsel

appears on behalf of the complainant-respondent

No.2.

Service is complete.

[2023/RJJP/002103] (2 of 3) [CRLAS-174/2023]

The present criminal appeal under Section 14-A

(2) of the Scheduled Castes & the Scheduled Tribes

(Prevention of Atrocities) Act, 1989 has been filed in

connection with FIR No.249/2022 registered at Police

Station Badi Sadar, District Dholpur for the offence

under Section(s) 376, 504 & 506 of IPC and under

Section(s) 3(1)(s)(w) & 3(2)(v) of the Act of 1989.

It is contended by learned counsel for the

appellant that the appellant is innocent and has

falsely been implicated in this case. He further

submits that the prosecutrix has turned hostile. He

also submits that the accused-appellant is in judicial

custody since long and the conclusion of the trial will

take long time, hence prays for his release on bail.

Learned Public Prosecutor as well as the learned

counsel for the complainant have opposed the

appeal.

Taking into consideration the overall facts and

circumstances of the case, but without expressing

any opinion on the merits and demerits of the case,

this Court deems it just and proper to enlarge the

appellant on bail.

The order dated 07.01.2023 passed by the

learned Special Judge, SC/ST (Prevention of

Atrocities Cases), Dholpur (Rajasthan) is quashed

[2023/RJJP/002103] (3 of 3) [CRLAS-174/2023]

and set-aside and this appeal is accordingly allowed.

It is directed that accused appellant Vinod S/o Shri

Hakim Singh 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

learned trial Court with the stipulation that he shall

appear before that Court and any Court to which the

matter is transferred, on all subsequent dates of

hearing and as and when called upon to do so and

shall comply with all the conditions laid down under

Section 437(3) Cr.P.C.

(UMA SHANKER VYAS),J

DANISH USMANI /88

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