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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. CRIMINAL APPEAL NO. 2164/2018
Virendra Singh S/o Mohan Singh, B/c Jat, Aged About 29
Years, R/o Hansasar Police Station Sadar Jhunjhunu District
Jhunjhunu.
(Presently The Appellant Is Lodged In District Jail Jhunjhunu
In Judicial Custody)
—-Appellant
Versus
State of Rajasthan Through P.P.
—-Respondent
For Appellant : Mr. Sanjay Rahar
For Respondent : Mr. R.S. Raghav, P.P.
HON’BLE MRS. JUSTICE SABINA
Judgment
20/12/2018
Defect pointed by the office has already been removed
as the appellant has withdrawn the petition filed by him
under Section 439 Code of Criminal Procedure, 1973.
Appellant has filed this appeal under Section 14-A(2) of
The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 seeking regular bail in F.I.R. No.
225/2018 registered at Police Station Sadar, District
Jhunjhunu for offence under Sections 341, 323, 342, 365,
377 Indian Penal Code, 1860 (hereinafter referred to as
‘I.P.C.’) and Section 67-A of The Information Technology Act,
2000 and Sections 3(1)(e), 3(1)(da), 3(1)(gh), 3(2)(v) of
The Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
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Learned counsel for the appellant has submitted that it
is a case of version and cross-version. Injured has suffered
simple injuries. As per the medical opinion, no injury was
seen on the anal region of the victim. Hence, the allegation
levelled by the victim qua offence under Section 377 I.P.C. is
not corroborated by the medical evidence. Appellant is in
custody since 9.10.2018. Presently, appellant is in judicial
custody and is not required for further investigation.
Appellant had also suffered injuries in the occurrence.
Appellant is not involved in any other criminal case.
Learned State Counsel, has opposed the appeal.
Keeping in view the facts and circumstances of the
case, it would be just and expedient to order the release of
the appellant on bail.
Accordingly, without expressing any opinion on the
merits of the case, this appeal is allowed. Appellant be
admitted to bail subject to satisfaction of the Trial Court.
(SABINA)J.
Mohita/7
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