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[email protected] S/O Sh. Amriksingh … vs State Of Rajasthan on 30 January, 2020

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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(2 of 2) [CRLAS-3024/2019]

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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