[2023:RJ-JP:36360]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 3215/2023

1. Rajesh Kumar @ Baljeet @ Balla @ Rakesh Son Of Pyarelal, Aged About 30 Years, Resident Of Bidasar, Police Station Balara, District Sikar (Raj.) ( At Present In District Jail Jhunjhunu)

2. Rakesh Kumar Son Of Vidhyadhar, Aged About 22 Years, Resident Of Bidsar, Police Station Balara, District Sikar (Raj.) ( At Present In District Jail Jhunjhunu)

----Appellants Versus

1. State Of Rajasthan, Through P.p.

2. Anil Kumar Son Of Dharmendra, Aged About 33 Years, Resident Of Bhurasar Ka Baas, Police Station Sadar Jhunjhunu (Raj.) ----Respondents For Appellant(s) : Mr. PL Sharma For Respondent(s) : Mr. Riyasat Ali, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

28/11/2023

1. The present criminal appeal under Section 14(A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.250/2023 registered at Police Station Kotwali Jhunjhunu, District Jhunjhunu for the offence(s) under Section(s) 143, 341, 323, 365, 506, 451, 342 of IPC and under Section(s)

3(1) (r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act,1989.

2. Learned counsel for the appellants submits that they have falsely been implicated in this case. He submits that there are only two superficial and minor injuries on the body of injured Shri Anil Kumar. He submits that the appellants are in custody since 13.10.2023, investigation as against them is complete, while appellant No.2 Rakesh Kumar does not have any criminal antecedent, the appellant No.1 Shri Rajesh Kumar @ Baljeet @ Balla @ Rakesh has only one criminal antecedent that too not of similar nature, similarly situated co-accussed Daud has been extended benefit of bail by this Court vide order dated 18.07.2023 and prays for their release on bail.

3. Though, learned Public Prosecutor opposed the prayer; however, he could not dispute that the case of the appellants is not distinguishable from the case of co-accussed Daud who has already been extended benefit of bail by this Court.

4. Taking into the consideration the submission advanced by the learned counsel for the appellants, the nature of allegations, the material contained in the case diary especially the injury report of Shri Anil Kumar, their length of custody and release of co-accussed Daud on bail by this Court, it would be just and expedient to order the release of the appellants on bail.

5. The order dated 17.10.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities), Jhunjhunu, Rajasthan is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused-appellants namely Rajesh Kumar @ Baljeet @ Balla @ Rakesh S/o Pyarelal and Rakesh Kumar S/o Vidhyadhar shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they 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.

(MAHENDAR KUMAR GOYAL),J Nval Kishor-RAHUL/304 Powerd by TCPDF (w.tcpdf.org)