Appeal against rejection of bail in a caste atrocity case involving offences under IPC and SC/ST Act. The High Court allowed the appeal, set aside the impugned bail rejection order, and directed release on personal bond with sureties.
Appellant released on bail on Rs. 50,000/- personal bond and two sureties of Rs. 25,000/- each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 561/2019
Rewant Singh S/o Bahadur Singh @ Badar Singh, Aged About 21 Years, By Caste Rajput, Resident Of Nearaby Nakhatbanna Mandir, Girajsar, Bajju Police Station, District Bikaner. (Confined In Central Jail Bikaner)
----Appellant
Versus
| State of Rajasthan | ----Respondent |
|---|---|
| For Appellant(s) | : Mr. S.K. Verma |
| For Respondent(s) | : Mr. A.R. Choudhary, P.P. for the State Mr. C.R. Choudhary for the complainant. |
HON'BLE MR. JUSTICE ABHAY CHATURVEDI(VACATION JUDGE)
Order
14/06/2019
The instant appeal has been filed under Section 14A(2) SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.9/2019 of Bajju Police Station, District - Bikaner for the offences under Sections 341, 323, 325, 307, 143 IPC and Section 3(1)(r)(S) of the SC/ST (Prevention of Atrocities) Act against the order dated 27.04.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.
Heard. Perused the material available on record.
(2 of 2) [CRLAS-561/2019]
Thus, having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced, this Court is of the opinion that the appellant deserves to be enlarged on bail.
Consequently, the instant appeal is allowed. The impugned order dated 27.04.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner is set aside. It is ordered that the accused-appellant Rewant Singh S/o Bahadur Singh @ Badar Singh arrested in connection with FIR No.9/2019 of Bajju Police Station, District - Bikaner shall be released on bail; provided he furnishes a personal bond of Rs. 50,000/- and two sureties 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.
(ABHAY CHATURVEDI(VACATION JUDGE)),J
Ravi Kh./125
2 issues framed by the court
Whether the appellant deserves to be enlarged on bail given the facts and circumstances.
Whether the impugned order rejecting bail under Section 439 Cr.P.C. in a case under SC/ST (Prevention of Atrocities) Act should be set aside.
2 provisions across 2 enactments
Rewant Singh
State of Rajasthan
Abhay Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
