High CourtsSingle Bench

Naresh Kumar vs State Of Rajasthan

Rajasthan High Court · Decided on 25 August 2020 · Citation: (2020) 08 RAJ CK 0098

HON’BLE JUDGES
Pankaj Bhandari, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 307, 308, 323, 324, 325, 326, 341 · Scheduled Caste and Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(1)(d), 3(1)(dh), 3(2)(va)
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 1039 Of 2020
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Judgment

9 paragraphs · 242 words
1.

Heard learned counsel for the appellant through video conferencing. Learned Public Prosecutor is present in person in the Court.

2.

The appellant has preferred this appeal aggrieved by order dated 16.06.2020 passed by Special Judge (SC/ ST Prevention of Atrocities Cases) Act, Alwar, whereby bail application filed by the appellant was rejected.

3.

F.I.R. No.156/2020 was registered at Police Station Khairthal, Distt. Bhiwadi (Alwar) for offence under Sections 341, 323, 324, 325, 326, 307, 308 I.P.C. and Section 3(1)(d), 3(1)(dh), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

4.

It is contended by the counsel for the appellant that though appellant is named in the F.I.R., no overt act is assigned to him.

No injury is assigned to the appellant.

5.

Learned Public Prosecutor has opposed the appeal.

6.

I have considered the contentions.

7.

Considering the contentions put-forth by the counsel for the appellant, I deem it proper to allow the appeal.

8.

The order dated 16.06.2020 is set aside and the appeal is allowed and the appellant is directed to be released on bail provided he furnishes a personal bond of Rs. 1,00,000/- (Rupees One Lakh only) and two sureties in the sum of Rs.50,000/- (Rupees Fifty thousand only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court and any court to which the matter is transferred, on all dates of hearing and as and when called upon to do so.