[2023:RJ-JD:38623]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Appeal (Sb) No. 2343/2023

Jitendra Dhobi @ Raj Dhobi S/o Ratan Lal Dhobi, Aged About 19

Years, R/o Nearby Nobal School, Opp. Surya Mahal, Shastri

Nagar, Bhilwara, Kotwali P.S., Bhilwara, Dist. Bhilwara (Confined

In Dist. Jail, Bhilwara)

----Appellant

Versus

1.

State Of Rajasthan, Through Pp

2.

Surendra S/o Gopal, R/o Balapura, Badnor P.s., Dist.

Beawar.

----Respondents

Connected With

S.B. Criminal Appeal (Sb) No. 2344/2023

Kansingh @ Kanha S/o Rajendra Singh, Aged About 23 Years, R/

o Kapdiya Ka Kheda P.s. Kheroda Tehsil Kheroda, Dist. Udaipur,

Raj. (At Present Lodged In Dist. Jail, Bhilwara)

----Appellant

Versus

1.

State Of Rajasthan, Through Pp

2.

Surendra Singh S/o Gopal, R/o Bala Pura, P.s. Badnor,

Dist. Byavar, Rajasthan

----Respondents

S.B. Criminal Appeal (Sb) No. 2345/2023

Vinit Kumar S/o Vishnu Kumar, Aged About 19 Years, R/o Near

Arihant Hospital, Bapu Colony, P.s. Kotwali, Bhilwara (At Present

Lodged In Dist. Jail, Bhilwara)

----Appellant

Versus

1.

The State Of Rajasthan, Through Pp

2.

Surendra S/o Gopal Lal, R/o Balapura, P.s. Badnor Dist.

Beawar

----Respondents

For Appellant(s)

:

Mr. N.K. Gurjar

Mr. Sikander Khan

Mr. Rakesh Matoria

For Respondent(s)

:

Mr. Mahipal Bishnoi, PP

[2023:RJ-JD:38623]

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[CRLAS-2343/2023]

HON'BLE DR. JUSTICE NUPUR BHATI

Order

08/11/2023

1.

The instant appeals have been filed under Section 14A(2) of

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

who are in custody in connection with FIR No.833/2023 dated

22.10.2023, Police Station Pratap Nagar, District Bhilwara, for the

offences under Sections 365, 342, 323, 395, 120-B of IPC and

Section 3[2][va] of the SC/ST (Prevention of Atrocities) Act.

2.

Learned counsels for the appellants submits that the

appellants have falsely implicated in the case and the allegation

against the appellants is that they threatened the complainant and

kidnapped and later on released them, however the appellants

have taken away the wrist watch and Rs.500/- from the

complainant.

3.

Per contra, learned learned Public Prosecutor opposed the

bail application however, submits that the appellants have no

previous criminal antecedents..

4.

Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the material available on record.

5.

Having regard to the totality of facts and circumstances as

available on record and the fact that there are no previous

criminal antecedents against the appellants and upon a

consideration of the arguments advanced, this Court is of the

opinion that the appellants deserves to be enlarged on bail.

[2023:RJ-JD:38623]

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[CRLAS-2343/2023]

6.

Consequently, the instant appeals are allowed. The impugned

order dated 26.10.2023 passed by the Special Judge, SC/ST

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

ordered that the accused-appellants No. 1. Jitendra Dhobi @ Raj

Dhobi S/o Ratan Lal Dhobi 2. Kansingh @ Kanha S/o Rajendra

Singh 3. Vinit Kumar S/o Vishnu Kumar arrested in connection

with aforesaid FIR, shall be released on bail, if not wanted in any

other case, provided each of them furnish a personal bond of Rs.

50,000/- and two sureties of Rs. 25,000/- each to the satisfaction

of the learned trial Court with the stipulation to appear before that

Court on all dates of hearing and as and when called upon to do

so.

(DR. NUPUR BHATI),J

320-322-amit/-