Allowed

Jagdish v. State of Rajasthan

Rajasthan HC3 Sept 2019CRLAS/846/2019

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal filed under Section 14-A(2) of the SC/ST Act against the dismissal of bail. The trial court's order setting aside the bail application was quashed, and the appellant was directed to be released on bail with specified sureties.

What did the court decide?

The criminal appeal is allowed; the order dated 21.06.2019 dismissing bail is set aside; the appellant is directed to be released on bail with a personal bond of Rs. 50,000 and two sureties.

Jagdish Vs State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 846/2019

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Jagdish S/o Kalu Sen, Aged About 42 Years, B/c Nai, Resident Of Choti Bijoliya, Police Station Bijoliya, District Bhilwara, Rajasthan (At Present Lodged At District Jail Bhilwara)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Appellant(s) : Mr. NK Gurjar For Respondent(s) : Mr. Laxman Solanki, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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03/09/2019

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This criminal appeal under Section 14-A(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 21.06.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bhilwara (hereinafter to be referred as ‘trial court’) in Criminal Misc. (Bail) Case No.75/2019 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.37/2019 of Police Station Bijoliya, Distt. Bhilwara for the offences punishable under Sections 376 IPC and Section 3(2)(V), 3(1)(W))1) of SC/ST Act.

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Learned counsel for the appellant has submitted that the allegation against the appellant of sexual assault upon the wife of the complainant is absolutely false. It is submitted that there is

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(2 of 2)

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[CRLAS-846/2019]

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delay of three days in fling the FIR and the same has been filed on account of enmity between the complainant and the appellant. It is submitted that the prosecutrix is major married lady and she has levelled false allegation against the appellant under pressure of her husband.

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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 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 21.06.2019 passed by the trial court in Criminal Misc. (Bail) Case No.75/2019 is set aside. It is directed that appellant – Jagdish S/o Kalu Sen, shall be released on bail in connection with FIR No.37/2019 of Police Station Bijoliya, Distt. Bhilwara provided he executes a personal bond in the 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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SURABHII/167-

Jagdish v. State of Rajasthan

Case brief

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Jagdish v. State of Rajasthan

Case brief

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