Rajasthan High Court - Jodhpur
Aslam Khan vs State Of Rajasthan ... on 2 March, 2023
Bench: Madan Gopal Vyas
[2023/RJJD/006199]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 142/2023
Aslam Khan S/o Chote Khan @ Sidhu Khan, Aged About 60
Years, R/o B-365 Gali No. 3, Mangal Bazar Road, Jahangirpuri,
Ns Mandi, Police Station Jahangirpuri, North West, Delhi.
(Presently Lodged At Central Jail, Udaipur)
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Ladu D/o Savaram Garasiya, Aged About 30 Years, R/o
Morjara, Police Station Bekariya, District Udaipur (Raj.)
----Respondents
For Appellant(s) : Mr. Ashu, son of the petitioner
present in person
For Respondent(s) : Mr. Laxman Solanki, PP
Smt. Ladu Bai complainant present in
person
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Judgment
02/03/2023
The instant appeal has been filed under Section 14-A(2) of
SC/ST (Prevention of Atrocities) Act, on behalf of the appellant,
who is in custody in connection with FIR No.212/2022 of Police
Station Bekariya, District Udaipur for the offences punishable
under Sections 342, 376 IPC and under Sections 3(2)(v), 3(1)(w)
of the SC/ST (Prevention of Atrocities) Act against the order dated
17.01.2023 passed by the learned Special Judge, SC/ST
(Prevention of Atrocities) Cases, Udaipur whereby, the bail
application preferred under Section 439 Cr.P.C on behalf of the
appellant was rejected.
[2023/RJJD/006199] (2 of 3) [CRLAS-142/2023]
Mr. Ashu, son of the appellant submits that the appellant has
falsely been implicated in the present case and he is behind bars
since long and the trial of the case will take time. Therefore, it is
prayed that the accused-appellant may be enlarged on bail.
Learned Public Prosecutor has vehemently opposed the bail
application.
In the first round of the Court before the lunch hours, Smt.
Ladu Bai, the complainant present in person submits that no such
offences as alleged by her have been committed by the appellant
and therefore, the learned Public Prosecutor was directed to
ascertain the factual aspect of the matter.
In the second half of the Court hours, learned Public
Prosecutor produced a copy of the letter dated 2.3.2023 sent by
the Dy. Superintendent of Police, Division Kotada, District Udaipur
certifying that the Investigating Officer Sh. Rajesh Kumar Kasana,
Circle Inspector, Circle-Kotada, Udaipur through Video
Conferencing has certified that Smt. Ladu Bai is the victim in FIR
no.212/2022 of Police Station Bekariya, District Udaipur.
Having regard to the entirety of the facts and circumstances
as available on record and upon a consideration of the arguments
advanced at 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 17.1.2023 passed by the learend Special Judge,
SC/ST (Prevention of Atrocities) Cases, Udaipur is set aside. It
is ordered that the accused appellant Aslam Khan S/o Chote
Khan @ Sidhu Khan arrested in connection with FIR
[2023/RJJD/006199] (3 of 3) [CRLAS-142/2023]
No.212/2022 of Police Station Bekariya, District Udaipur shall be
released on bail; provided he furnishes a personal bond in a sum
of Rs.1,00,000/- with two sound and solvent sureties of
Rs.50,000/- each, including one local surety, to the satisfaction of
learned trial court for his appearance before that court with the
stipulation to appear before that Court on all dates of hearing and
as and when called upon to do so.
(MADAN GOPAL VYAS),J
159-neha/-
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