Allowed

Ashok Kumar v. State

Rajasthan HC11 Jan 2019CRLAS/20/2019

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a criminal appeal under Section 14A(2) of the SC/ST Act filed by an accused challenging the dismissal of his bail application. The court set aside the trial court order and directed the release of the appellant on bail with a personal bond and sureties.

What did the court decide?

Appellant released on bail in FIR No.91/2018 upon execution of a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Ashok Kumar Vs State — Caste Atrocities | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 20/2019

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Ashok Kumar S/o Shri Thana Ram, Aged About 32 Years, By Caste Jat, R/o Village Khokhsar East, P.s. Gida, Distt. Barmer. (Presently Lodged In Distt. Jail, Barmer)

----Appellant

Versus

State, Through Pp

----Respondent

For Appellant(s) : Mr. Pradeep Shah For Respondent(s) : Mr. Arjun Singh, P.P.

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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11/01/2019

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This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 2.1.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Barmer (hereinafter to be referred as ‘trial court’) in Criminal Misc. (Bail) Case No.01/2019 whereby the trial court has dismissed the bail application filed on behalf of the appellant.

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The appellant has been arrested in FIR No.91/2018 of Police Station Gida, District Barmer, for the offences punishable under Sections 307, 323 I.P.C. & Section 3(1)(D)(F), 3(2)(V) SC/ST (Prevention of Atrocities).

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(2 of 2)

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[CRLAS-20/2019]

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Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

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Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.

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Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 2.1.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities Cases), Barmer in Criminal Misc. (Bail) Case No.01/2019 is set aside. It is directed that appellant – Ashok Kumar S/o Shri Thana Ram shall be released on bail in connection with FIR No.91/2018 of Police Station Gida, District Barmer provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(VIJAY BISHNOI),J

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130-Babulal/-

Ashok Kumar v. State

Case brief

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Ashok Kumar v. State

Case brief

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