Rajasthan High Court - Jaipur
Kalu @ Mukesh S/O Shri Shiv Narayan vs State Of Rajasthan on 5 July, 2019
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 974/2019
Kalu @ Mukesh S/o Shri Shiv Narayan, R/o Naya Gaon Ps Modak
Dist. Kota Raj. (At Present In Central Jail Kota)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Iqbal Hussain
For Respondent(s) : Mr. Ganesh Saini, PP
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
05/07/2019
1. The present criminal appeal under Section 14(A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.257/2018 registered at Police Station Suket, District Kota for the offences under Sections 354-A, 354-D, 363, 366, 376(3), 120-B of I.P.C., Section 3(b)/4, 9/10, 11/12, 16/17 of Protection of Children from Sexual Offences Act, 2012 and under Section 3(1)(w)(i), 3(2)(v), 3(2)(va) of SC/ST (Prevention of Atrocities) Act.
2. Counsel for the appellant submits that the appellant has been falsely implicated in this matter. Counsel further submits that according to the injury report of the victim, no injuries were found on her body and even hymen was also intact. Counsel further submits that the co-accused Kiran has already been released on bail by Coordinate Bench of this Court vide order dated 21.01.2019 passed in S.B. Criminal Appeal No.116/2019. (Downloaded on 08/07/2019 at 10:58:57 PM)
(2 of 2) [CRLAS-974/2019] Counsel further submits that the challan has already been presented in the court and conclusion of trial may take long time.
3. Learned Public Prosecutor has opposed the appeal.
4. Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the appellant on bail.
5. The order dated 15.04.2019 passed by the learned Special Judge, Protection of Children from Sexual Offences Act & Child Rights Protection Commission Act No.1, Kota is quashed and set- aside and this appeal is accordingly allowed and it is directed that accused appellant-Kalu @ Mukesh S/o Shri Shiv Narayan shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(INDERJEET SINGH),J JYOTI /2 (Downloaded on 08/07/2019 at 10:58:57 PM) Powered by TCPDF (www.tcpdf.org)