Rajasthan High Court

CRLAS/2893/2019 of TEJENDRA@TEJMAL@DHARMAL S/O RAMESWAR B/C MEENA Vs STATE OF RAJASTHAN on 20 December 2019

JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal No. 2893/2019 Tejendra@tejmal@dharmpal S/o Rameswar B/c Meena, Aged About 23 Years, R/o Radhapura P.s. Kishanganj Distt. Baran Raj. (At Present In Distt. Jail Baran) ----Appellant Versus State Of Rajasthan, Through P.p. ----Respondent

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Appeal No. 2893/2019

Tejendra@tejmal@dharmpal S/o Rameswar B/c Meena, AgedAbout 23 Years, R/o Radhapura P.s. Kishanganj Distt. Baran Raj.(At Present In Distt. Jail Baran)

----Appellant

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Appellant(s) : Mr. Abdul Rahim KhanFor Respondent(s):Mr. Ashindra GautamMr. Pradeep Singh for Mr. Rajveer SharmaFor State: Mr. S S Mahla, PP

HON'BLE MR. JUSTICE PANKAJ BHANDARIJudgment / Order 20/12/2019

1. Appellant has preferred this appeal aggrieved by order dated28.11.2019 passed by Special Judge SC/ST Cases, Baran,whereby the bail application filed by the appellant under Section439 Cr.P.C. was rejected.

2. F.I.R. No.322/2019 was registered at Police Station KotwaliBaran for offence under Sections 147, 148, 341, 323, 307,302/149, 120-B I.P.C. and Section 3(2)(V) SC/ST Act.

3. It is contended by counsel for the appellant that no overt actis assigned to the appellant. Appeal of similarly situated co-accused has been allowed by Co-ordinate Bench of this Court.

4. Learned Public Prosecutor and counsel for the complainanthave opposed the appeal.

5. I have considered the contentions.

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

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7. The order dated 28.11.2019 is quashed and set aside andthe appeal is, accordingly, allowed and it is directed that accused-appellant shall be released on bail provided he furnishes apersonal bond in the sum of Rs.1,00,000/- (Rupees One Lac only)together with two sureties in the sum of Rs.50,000/- (Rupees FiftyThousand only) each to the satisfaction of the trial Court with thestipulation that he shall appear before that Court and any Court towhich the matter be transferred, on all subsequent dates ofhearing and as and when called upon to do so.

(PANKAJ BHANDARI),J

ARTI SHARMA /97

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