Devesh Solanki S/O Girraj Singh vs State Of Rajasthan (2024:Rj-Jp:21896)
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Rajasthan High Court

Devesh Solanki S/O Girraj Singh vs State Of Rajasthan (2024:Rj-Jp:21896) on 9 May, 2024

Author: Uma Shanker Vyas

Bench: Uma Shanker Vyas

[2024:RJ-JP:21896]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
            BENCH AT JAIPUR

        S.B. Criminal Appeal (Sb) No. 835/2024

Devesh Solanki S/o Girraj Singh, Aged About 23
Years, R/o Near Nobal School Rangbadi Police
Station Mahaveer Nagar Kota (At Present Confined
In Central Jail Kota District Kota)
                                                          ----Appellant
                                Versus
1.     State Of Rajasthan, Through Pp
2.     Mukesh Kumar Mahawar S/o Pannalal, R/o
       3/115, Swami Vivekanand Nagar Kota City
       R.k. Puram Kota (Rajasthan)
                                                    ----Respondents

For Appellant(s) : Mr. Nitin Kumar Sharma, Adv., with Mr. Gourav Sharma, Adv.

For                      : Mr. Suresh Kumar, P.P.
Respondent(s)

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

09/05/2024

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.

The present criminal appeal under Section 14-A

of the Act of 1989 has been filed in connection with

FIR No.556/2023 registered at Police Station

Mahaveer Nagar, District Kota City for the offence

[2024:RJ-JP:21896] (2 of 3) [CRLAS-835/2024]

under Section(s) 341, 323, 325, 307 & 143 of IPC

and under Section(s) 3(2)(v), 3(2)(va) 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 charge sheet has been filed. He also

submits that the accused-appellant has been in

judicial custody since 05.02.2024 and the conclusion

of the trial will take long time, hence prays for his

release on bail.

Learned Public Prosecutor has 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 16.04.2024 passed by the

learned Special Judge, SC/ST (Prevention of

Atrocities Cases), Kota is quashed and set-aside and

this appeal is accordingly allowed. It is directed that

accused appellant Devesh Solanki S/o Girraj

Singh shall be released on bail provided he furnishes

a personal bond in the sum of Rs.1,00,000/- (Rupees

[2024:RJ-JP:21896] (3 of 3) [CRLAS-835/2024]

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 /02

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