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Kailash Singh S/o Girdhari Singh vs The State of Rajasthan

Rajasthan High Court · Decided on 1 May 2017 · Citation: (2017) 05 RAJ CK 0005

HON’BLE JUDGES
Sandeep Mehta
ACTS & SECTIONS REFERRED
<a href=1767>Indian Penal Code, 1860</a>, <a href=1767-323>Section 323</a>, <a href=1767-325>Section 325</a>, <a href=1767-341>Section 341</a>, <a href=1767-308>Section 308</a> - Punishment for voluntarily causing hurt - Punishment for voluntarily cau
RESULT
Allowed
CASE NUMBER
585 of 2017
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Judgment

28 paragraphs · 274 words
1.

Heard learned counsel for the appellant and learned Public

Prosecutor as well as learned counsel for the complainant. Perused

the material available on record.

2.

This appeal has been preferred on behalf of the appellant

under Section 14A of the SC/ST (Prevention of Atrocities) Act

being aggrieved of the order dated 20.4.2017 passed by learned

Special Judge, SC/ST (Prevention of Atrocity) Cases, Merta, in

Cr.Misc. Case No.190/2017 rejecting the bail application preferred

on behalf of the appellant who is in custody in connection with FIR

No.59/2017, Police Station Kuchera, District Nagaur, for the

offences under Section 341, 323, 325 and 308 IPC and Section

3(1)(R)(S) and 3(2)(VA) of SC/ST (Prevention of Atrocities) Act.

3.

The appellant is in judicial custody for the above offences.

The injured Mangla Ram has filed an affidavit of compromise in

favour of the appellant through his counsel Mr.S.S. Shaktawat.

4.

In this background and having regard to the facts and

circumstances available on record but without expressing any

opinion on the merits of the case, this Court is of the opinion that

the appellant is entitled to be released on bail.

5.

Consequently, the appeal is allowed. The order dated

20.4.2017 is set aside. It is ordered that the accused-appellant

Kailash Singh arrested in connection with FIR No.59/2017, Police

Station Kuchera, District Nagaur shall be released on bail during

pendency of the trial; provided he furnishes a personal bond of

Rs.50,000/- and two surety bonds 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.