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2019 DIGILAW 384 (RAJ)

Sanjay Singh Kachwaha v. State, Through PP

2019-02-01

PANKAJ BHANDARI

body2019
JUDGMENT 1. Appellant has preferred this appeal aggrieved by order dated 13.11.2018 passed by Special Judge, SC/ST (prevention of Atrocities Cases), Udaipur, whereby, bail application preferred by the appellant was rejected. 2. F.I.R. No. 299/2018 was registered at Police Station Amba Mata, District Udaipur for offences under Sections 147, 148, 149, 324, 302, 120-B of I.P.C. and under Section 3(2)(v) SC/ST Act. 3. It is contended by counsel for the appellant that the only allegation against the appellant is that when Rahul along with deceased Gajendra were going on motor cycle, appellant was staring at them. It is contended that as per the prosecution version three persons on a motor cycle crossed the deceased and Rahul, at that time, Sunil pointed out towards the deceased. On the second motor cycle which was following there were three persons. Two persons fired at the deceased. It is contended that the appellant was not on either of the motor cycle. In the charge- sheet there is no document to the effect that after incident of staring, he called up any of the co-accussed. 4. Learned Public Prosecutor and counsel for the complainant have opposed the appeal. Their contention is that as per the telephonic record, appellant was in touch with other co-accussed. 5. I have considered the contentions. 6. In the charge sheet, there is no record that after the alleged incident of staring at deceased, appellant had informed the other co-accussed about the movements of the deceased. Appellnat was not involved in the incident of shooting. 7. In view of the same, I deem it proper to allow the appeal. 8. The order dated 13.11.2018 is quashed and set aside and the appeal is, accordingly, allowed and it is directed that accused- appellant shall be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/- (Rupees Fifty thousand) together with two sureties in the sum of Rs. 25,000/-(Rupees twenty five thousand) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court and any Court to which the matter be transferred, on all subsequent dates of hearing and as and when called upon to do so.