Rajasthan High Court
CRLAS/2414/2022 of HARSH SEN S/O SHRI HARIPRASAD Vs STATE OF RAJASTHAN on 22 December 2022
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal No. 2414/2022 Harsh Sen S/o Shri Hariprasad, Aged About 24 Years, R/o Mahatma Gandhi Colony Gali No. 5, P.s. Railway Colony Kota (Raj) (At Present Confined In Central Jail Kota) ----Appellant Versus 1. State Of Rajasthan, Through
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 2414/2022
Harsh Sen S/o Shri Hariprasad, Aged About 24 Years, R/oMahatma Gandhi Colony Gali No. 5, P.s. Railway Colony Kota(Raj) (At Present Confined In Central Jail Kota)
----Appellant
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1. State Of Rajasthan, Through Public Prosecutor
2. Manish Kumar Meena S/o Barajraj Meena, R/o Gali No.16, Mahatma Gandhi Colony, P.s. Railway Colony Kota----RespondentsFor Appellant(s) : Mr. Rajesh Gadwal For Respondent(s): Mr. Sanjeev Mahala, PP
HON'BLE MR. JUSTICE ANOOP KUMAR DHANDOrder 22/12/2022
The criminal appeal has been filed under Section 14A(2) ofthe SC/ST (Prevention of Atrocities) Act on behalf of the appellant,who is in custody in connection with FIR No.403/2022, registeredat Police Station Railway Colony, District Kota City for the offencesunder Sections 341, 323, 325 & 504 of IPC and Sections 3(1)(r)(s), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act againstthe order dated 24.11.2022 passed by the Special Judge, SC/ST(Prevention of Atrocities) Cases, Kota, whereby, the bailapplication preferred under Section 439 of Cr.P.C. on behalf of theappellant was rejected.
Learned counsel for the appellant submits that the appellanthas been falsely implicated in this case and he has no concernwith the alleged incident and he is not a habitual offender and he is not having any criminal antecedents. Counsel submits that theappellant is in custody since the date of his arrest and the trial willtake its own time to conclude, so indulgence of appeal be grantedto the appellant.
No one has put appearance on behalf of thecomplainant/respondent inspite of service of notice.
Per contra, learned Public Prosecutor opposed the argumentsstated by the counsel for the appellant.
Heard. Perused the material available on record.
Considering the arguments put forward by the learnedcounsel for the appellant and looking to the fact that the appellant in custody since the date of his arrest and the trial will take itsown time to conclude, but without commenting any opinion on themerits and demerits of the case, this Court deems it just andproper to enlarge the appellant on bail.
Consequently, the criminal appeal is allowed. The impugnedorder dated 24.11.2022 passed by the Special Judge, SC/ST(Prevention of Atrocities) Cases, Kota is set aside and it is orderedthat the accused – appellant Harsh Sen S/o Shri Hariprasadarrested in connection with aforesaid FIR shall be released on bail;provided he furnishes a personal bond in the sum of Rs.50,000/-with two sureties in the sum of Rs.25,000/- each to thesatisfaction of the learned trial Court with the stipulation to appearbefore that Court on all dates of hearing and as and when calledupon to do so.
(ANOOP KUMAR DHAND),J