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Shubham@shummi Narwal@nimmi vs State Of Rajasthan

Rajasthan High Court · Decided on 27 July 2020 · Citation: (2020) 07 RAJ CK 0049

HON’BLE JUDGES
Pankaj Bhandari, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 147, 149, 201, 302, 323, 342, 365 · Scheduled Caste and Scheduled Tribe (Prevention Of Atrocities) Act, 1989 — Section 3(2)(V), 3(2)(Va)
RESULT
Allowed
CASE NUMBER
Criminal Appeal No. 1992 Of 2019
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Judgment

13 paragraphs · 234 words
1.

Appellant has preferred this appeal aggrieved by order dated 09.08.2019 passed by Special Judge, SC/ST (Prevention of Atrocities) Act cases,

Kota, whereby bail application filed by the appellant was rejected.

2.

F.I.R. No.107/2019 was registered at Police Station Bhimganjmandi, Kota City for offence under Sections 147, 323, 365, 342, 302, 201, 149 I.P.C.

and Section 3 (2) (V), 3 (2) (Va) SC/ST Act.

3.

It is contended by the counsel for the appellant that appellant was not named in the FIR. He was arrayed an accused on the basis of last seen

witness, who has turned hostile.

4.

Learned Public Prosecutor and counsel for the complainant have opposed the appeal.

5.

I have considered the contentions.

6.

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

7.

The order dated 09.08.2019 passed by Special Judge, SC/ST (Prevention of Atrocities) Act cases, Kota 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 lac 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.