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2021 DIGILAW 486 (RAJ)

Mahendar v. State of Rajasthan

2021-02-25

PANKAJ BHANDARI

body2021
ORDER 1. The appellant has preferred this appeal aggrieved by order dated 22.10.2020 passed by Special Court SC/ST (Prevention of Atrocities) Matters Bundi whereby bail application filed by the appellant was rejected. 2. F.I.R. No. 109/2020 was registered at Police Station Kotwali Bundi for offence under Sections 143, 341, 323, 307 I.P.C. and Section 3(2)(va) SC/ST Act. 3. It is contended by counsel for the appellant that F.I.R. was lodged by the appellant on 17.05.2020 against the present complainant. Appellant sustained injuries and fractures on his left leg, for which he was treated at hospital and was discharged on 19.05.2020. It is also contended that appellant was not present at the place of incident but just because he has filed an F.I.R. against the complainant, his name has been added in the report. 4. It is further contended that the present incident is stated to have been taken place on 25.05.2020. Appellant was advised ten days rest at the time of his discharge on 19.05.2020. He had sustained fractures on leg and neck fibula (left) and was not in a position to move. It is contended that appeal of co-accused Kunal Singh has been allowed by Co-ordinate Bench of this Court. Appellant's case is on better footing than that of Kunal Singh. 5. Learned Public Prosecutor and counsel for the complainant have opposed the appeal. It is contended that there is specific allegation against the appellant of causing injuries to the complainants' side. 6. I have considered the contentions. 7. Considering the arguments put forth by counsel for the appellant, I deem it proper to allow the appeal. 8. The order dated 22.10.2020 is quashed and set-aside and the appeal is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kotwali Bundi in F.I.R. No.109/2020 is directed that in the event of arrest of the appellant, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs. 1,00,000/-with two sureties in the sum of Rs. 50,000/- each to his satisfaction on the following conditions :- (i). that the appellant shall make himself available for interrogation by a police officer as and when required; (ii). that the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii). that the appellant shall make himself available for interrogation by a police officer as and when required; (ii). that the appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii). that the appellant shall not leave India without previous permission of the court.