HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 3024/2019
Tejsingh @ Kali S/o Sh. Amriksingh @ Kuke, By Caste Jatsikh,
Aged About 20 Years, R/o Gram Karwad, Police Station Kotkasim
District Alwar (Raj.) (At Present Confined In Central Jail Alwar)
—-Appellant
Versus
State Of Rajasthan, Through P.p.
—-Respondent
For Appellant(s) : Mr. Asgar Khan
For Respondent(s) : Mr. Sanjeev Kumar Mahala, P.P.
For Complainant : Mr. Pradeep Kumar Sharma
HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
30/01/2020
The present criminal appeal under Section 14-A of the
Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act has
been filed in connection with FIR No.509/2019 registered at Police
Station Tijara District Alwar (Police District Bhiwadi) for the
offences under Sections 323, 341 and 354 of IPC and Section 3(I)
(S), 3(I)(W) of SC ST (Prevention of Atrocities) Act, 1989.
It is contended by learned counsel for the appellant that the
FIR is delayed and the contents of the FIR reveal that the
appellant has falsely been implicated in this case on account of old
rivalry between the parties. Referring the statement of the
prosecutrix, aged 22 years, recorded under Section 164 Cr.P.C., it
was canvassed that the allegation does not travel beyond the
scope of Section 354 IPC, even if taken to be true. He submits
that the appellant is in custody since 16.12.2019, investigation as
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against him is complete. He, therefore, prayed for release of the
appellant on bail.
Learned Public Prosecutor assisted by learned counsel for the
complainant has opposed the appeal.
Heard learned counsels for the parties and perused the
record.
Taking into consideration the submissions advanced by
learned counsel for the appellant, the statement of the prosecutrix
under Section 164 Cr.P.C. and length of custody; but, without
expressing any opinion on the merits of the case, this court deems
it just and proper to enlarge the appellant on bail.
The order dated 16.12.2019 passed by the learned Special
Judge, SC/ST (Prevention of Atrocities Cases), Alwar is quashed
and set-aside and this appeal is accordingly allowed and it is
directed that accused appellant Tejsingh @ Kali S/o Sh.
Amriksingh @ Kuke shall be released on bail provided he
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 he
shall comply with all the conditions laid down under Section
437(3) Cr.P.C.
(MAHENDAR KUMAR GOYAL),J
Sudha/128
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