HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Appeal No. 1990/2021

Deepak Sahu @ Deepak Kachori S/o Vasu Dev Sahu, Aged About

22 Years, R/o Pratap Colony Mevadi Get Bahar Beawar, Police

Station Beawar City District Ajmer (Raj) (At Present In Central

Jail Ajmer)

----Appellant

Versus

1.

State Of Rajasthan, Through P.p

2.

Shri Tyasan Pandit S/o Shri Ashok Pandit, R/o Ambedkar

Nagar Church Road Beawar Police Station Beawar City,

District Ajmer (Raj)

----Respondents

For Appellant(s)

:

Mr. Surendra Singh

For Respondent(s)

:

Mr. Chandragupt Chopra, PP

Mr. Shashank Shekhar Pachauri

HON'BLE MR. JUSTICE FARJAND ALI

Order

10/03/2022

1.

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

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

who is in custody in connection with FIR No.428/2021, Police

Station Beawar City, District Ajmer, for the offences under

Sections 143, 341, 323, 379, 427 of IPC and Sections 3(1)(r),

3(1)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

2.

Heard learned counsel for the appellant, learned counsel for

the complainant and learned Public Prosecutor and perused the

material available on record.

3.

It is submitted by the learned counsel for the petitioner that

the incident of assault happened on 13.05.2021, however, the MLC

(2 of 2)

[CRLAS-1990/2021]

of the same was prepared on 14.06.2021, after radiological

examination, the injuries have been described as grievous and

dangerous to life. After investigation charge-sheet has been filed.

The appellant is in custody in this matter since 23.07.2021,

therefore, benefit of bail may be granted to the appellant.

4.

Per contra, learned Public Prosecutor and learned counsel for

the complainant have opposed the appeal.

5.

Having regard to the totality of facts and circumstances as

available on record and upon a consideration of the arguments

advanced, I am of the opinion that the appellant deserves to be

enlarged on bail. It is submitted that the appellant shall be

released on bail upon furnishing a separate undertaking that he

shall not in any manner try to harass the complainant party.

6.

Consequently, the instant appeal is allowed. The impugned

order dated 24.11.2021 passed by the Special Judge, SC/ST

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

ordered that the accused-appellant-Deepak Sahu @ Deepak

Kachori S/o Vasu Dev Sahu arrested in connection with

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

case, provided he furnishes 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.

(FARJAND ALI),J

RAJAT KUMAR/162