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Pradeep Kumar Choudhary vs State of Rajasthan

Rajasthan High Court · Decided on 4 May 2020 · Citation: (2020) 05 RAJ CK 0008

HON’BLE JUDGES
Vinit Kumar Mathur, J
ACTS & SECTIONS REFERRED
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 — Section 3(1)(4)(5), 3(2)(5), 14A(2) · Indian Penal Code, 1860 — Section 147, 148, 323, 379, 427, 458 · Arms Act, 1959 — Section 27 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 415 Of 2020
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Judgment

6 paragraphs · 313 words

Lawyers are abstaining from work in view of the unprecedented situation being faced by the country due to pandemic of novel corona virus (COVID-19).

The instant appeal has been filed under Section 14A(2) 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. 135/2020, Police Station Jaitaran, District Pali for the offences under Sections 147, 148, 458, 323, 427 & 379 of I.P.C., Sections 3(1)(4)(5) & 3(2)(5) of S.C./S.T. (Prevention of Atrocities) Act and Section 27 of the Arms Act against the Order dated 22.04.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Pali whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

Heard Mr. Gaurav Singh, learned Public Prosecutor on "Jitsi Meet" app.

I have gone through the order impugned as well as pleadings in the appeal.

Mr. Gaurav Singh, learned Public Prosecutor opposes the bail. Having regard to the peculiar facts and circumstances of the case as also the present situation of the country due to pandemic of corona virus (COVID-19), in particular the jails, this Court deems it just and proper to release the appellant on bail.

Consequently, the instant appeal is allowed. The impugned Order dated 22.04.2020 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Pali is set aside. It is ordered that the accused-appellant - Pradeep Kumar Choudhary S/o Jai Ram arrested in connection with F.I.R. No. 135/2020, Police Station Jaitaran, District Pali 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.