HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Appeal No. 1506/2023

Neeraj Suman S/o Late Shri Madanlal, Aged About 24 Years, R/o

Devli Arab Maliyon Ka Mohalla Presently Residing At House No.

14, Royal Park, Police Station Udyog Nagar, Kota (At Present

Confined In Central Jail Kota District Kota )

----Appellant

Versus

1.

State Of Rajasthan, Through P.p

2.

Narendra Meena S/o Chhitarlal, R/o Devli Arab Police

Station Borkheda, Kota City Rajasthan

----Respondents

For Appellant(s)

:

Mr. Nitin Kumar Sharma

For Respondent(s)

:

Mr. Chandragupt Chopra, PP

Mr. Shamsuddin Ansari

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

14/07/2023

1.

The instant appeal has been filed under Section 14A(2)

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

appellant, who is in custody in connection with FIR No.346/2022,

registered at Police Station Borkheda, District Kota City for the

offences under Sections 307 read with Section 34, 504, 34 of IPC,

Section 3/25 of the Arms Act and Section 3(1)(r), 3(2)(v), 3 (2)

(va) of the SC/ST (Prevention of Atrocity) Act against the order

dated 26.05.2023 passed by the Special Judge, SC/ST (Prevention

of Atrocities) Cases, Kota, whereby, the bail application preferred

under Section 439 of Cr.P.C. on behalf of the appellant was

rejected.

(2 of 3)

[CRLAS-1506/2023]

While deciding the earlier appeal filed by the appellant

his prayer for bail was declined by this Court granting liberty to

him to revive his prayer for bail after recording the statements of

the injured witness Narendra.

Learned counsel for the appellant submits that during

the course of trial statements of the witness Narendra have been

recorded and as per his statement he has not sustained any fire

arm injury. Counsel submits that though allegations are there

against the appellant that he shot fire twice on this witness

Narendra but both times the fire was missed. Counsel submits

that instant case is a case of no injury. Counsel submits that the

appellant is in custody since 08.10.2022 and the trial will take its

own time to conclude, so indulgence of bail be granted to the

appellant.

Per contra, learned Public Prosecutor as well as counsel

for the respondent No.2 opposed the arguments raised by the

counsel for the appellant and submitted that twice the appellant

fire but the fire was missed. Counsel submit that the appellant is a

habitual offender and pistol has been recovered at his instance, so

appellant is not entitled to get indulgence of bail by this Court.

Heard and considered the submissions made at the Bar.

Considering the arguments put forward by the learned

counsel for the appellant and looking to the fact that instant case

is a case of no injury and witness Narendra has not sustained any

injury and looking to the fact that the appellant in judicial lockup

since 08.10.2022 and he is in long incarceration, without making

any comments on merits and demerits of the case, instant appeal

stands allowed.

(3 of 3)

[CRLAS-1506/2023]

Consequently, the instant appeal is allowed. The

impugned order dated 26.05.2023 passed by the Special Judge,

SC/ST (Prevention of Atrocities) Cases, Kota is set aside. It is

ordered that the accused – appellant Neeraj Suman S/o Late

Shri Madanlal arrested in connection with aforesaid FIR shall be

released on bail; provided he furnishes a personal bond in the sum

of Rs.50,000/- with two sureties in the sum 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.

In case after release on bail the appellant repeats or

commits the same offence, the Public Prosecutor would be at

liberty to move cancellation of this bail before the jurisdictional

Court.

(ANOOP KUMAR DHAND),J

KuD/5