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2021 DIGILAW 765 (RAJ)

Lokesh Mochi v. State Of Rajasthan

2021-04-05

SANDEEP MEHTA

body2021
JUDGMENT Sandeep Mehta, J. - Heard learned counsel for the appellant, learned Public Prosecutor, learned counsel for the complainant and perused the case diary. 2. The instant appeal has been filed under Section 14-A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with F.I.R. No.7/2021 registered at the Police Station Bhopalpura, District Udaipur for the offences under Sections 307, 323, 324, 34 IPC and Sections 3(2)(va) of the SC/ST Act, against the order dated 10.03.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in Criminal Misc. Case No.68/2021, whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. 3. From a perusal of the challan papers, it appears that the specific allegations of the injured in his statement under Section 161 CrPC is that accused Rehan and Enayat stabbed him by knives. Two stab wounds were observed when the injured was examined by the Medical Jurist. The petitioner was allegedly armed with a knuckle duster, but no blunt weapon injury was found on the person of the injured. 4. In this view of the matter and having regard to the over all facts and circumstances of the case, this Court is of the opinion that the appellant deserves indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellant cannot be sustained. 5. Consequently, the instant appeal is allowed. The impugned order dated 10.03.2021 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in Criminal Misc. Case No.68/2021 is set aside. It is ordered that the accused-appellant Lokesh Mochi S/o late Raju Mochi arrested in connection with F.I.R. No.7/2021 registered at the Police Station Bhopalpura, District Udaipur shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.