High CourtsSingle Bench

Kishan Lal @ Krishna @ Kishan Kant vs State, Through P.p.

Rajasthan High Court · Decided on 2 March 2020 · Citation: (2020) 03 RAJ CK 0003

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Scheduled Caste and Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(1)(R)(S), 3(2)(V), 14A(2) · Indian Penal Code, 1860 — Section 34, 307 · Code Of Criminal Procedure, 1973 — Section 439 · Arms Act, 1959 — Section 3, 25
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 302 Of 2020
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Judgment

14 paragraphs · 266 words

The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in

connection with F.I.R. No. 106/2019 Police Station Delwara District Rajsamand for the offences under Sections 307,34 I.P.C. & Section 3/25 Arms

Act and Section 3(1) (R)(S), 3(2)(V) of the SC/ST (Prevention of Atrocities) Act against the order dated 15.02.2020 passed by the Special Judge,

SC/ST (Prevention of Atrocities) Cases, Rajsamand, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was

rejected.

Heard. Perused the material available on record.

After rejection of the earlier appeal by this Court vide order dated 13.01.2020, the charge-sheet has been filed.

Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court

is of the opinion that the appeal of the appellant deserves to be allowed.

Consequently, the instant appeal is allowed. The impugned order dated 15.02.2020 passed by the Special Judge, SC/ST (Prevention of Atrocities)

Cases, Rajsamand is set aside. It is ordered that the accused-appellant Kishan Lal @ Krishna @ Kishan Kant S/o Madhav Lal Menaria arrested in

connection with F.I.R. No. 106/2019 Police Station Delwara District Rajsamand shall be released on bail; provided he furnishes a personal bond of

Rs. 50,000/- (Rupees: Fifty Thousand Only) and two sureties of Rs. 25,000/-(Rupees: Twenty Five Thousand Only) 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.