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Mithilesh Kumar vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 27 August 2022 · Citation: (2022) 08 RAJ CK 0052

HON’BLE JUDGES
Rameshwar Vyas, J
ACTS & SECTIONS REFERRED
Scheduled Caste And Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 14A · Indian Penal Code, 1860 — Section 323, 342, 365, 504 · Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Amendment Act, 2015 — Section 3(1)(s)(r), 3(2)(va)
RESULT
Allowed
CASE NUMBER
S.B. Criminal Appeal No. 1164 Of 2022
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Judgment

7 paragraphs · 348 words

Rameshwar Vyas, J

The instant criminal appeal has been filed under Section 14-A of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 361/2022, Police Station Pratapnagar, District Udaipur for the offences under Sections 323, 342, 365, 504 IPC and Sections 3(1)(s)(r) and 3(2)(va) of S.C./S.T. (Prevention of Atrocities) Amendment Act, 2015 against the order dated 16.7.2022 passed by the Special Judge, (Cases related to S.C./S.T. Act, Udaipur, whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

Notice issued to the complainant - respondent no.2 is still awaited.

In view of above, heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.

Learned counsel for the appellant submits that the appellant has not been named in the FIR. Co-accused Narendra Singh Deora, Rajendra Singh and Heera Lal have already been enlarged on bail by this Court. Appellant is behind the bars since 10.6.2022. On the above grounds, learned counsel for the appellant prays that the appeal of the appellant may be allowed and he may also be enlarged on bail.

Learned Public Prosecutor has opposed the appeal. Having regard to the rival contentions of learned counsel for the parties as well as facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted.

Consequently, the instant criminal appeal is allowed. The impugned Order dated 16.7.2022 passed by the Special Judge, (Cases related to S.C./S.T. Act), Udaipur is set aside. It is ordered that the accused-appellant – Mithilesh Kumar S/o Pawan Sahani arrested in connection with F.I.R. No. 361/2022, Police Station Pratapnagar, District Udaipur shall be released on bail provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.