Criminal appeal filed for bail. High Court allowed the appeal and directed the release of the accused-appellant on bail subject to furnishing a personal bond and two sureties.
Bail granted on personal bond of Rs. 50,000 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 BENCH AT JAIPUR
S.B. Criminal Appeal No.1571/2021
Radheyshyam S/o Gokul Prasad, Aged About 24 Years, Resident Of Banskheda, Police Station Kamkheda, District Jhalawar (Raj.) (At Present In District Jail Jhalawar)
----Appellant
Versus
----Respondents
For Appellant(s) : Mr. Virender Godara For Respondent(s) : Mr. Laxman Meena, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
15/11/2021
The present criminal appeal under Section 14(A) (2) of the SC/ST (Prevention of Atrocities) Act has been filed in connection with FIR No.127/2021 registered at Police Station Kamkheda, District Jhalawar (Raj.) for the offences mentioned therein.
Learned counsel for the appellant submits that the appellant has been falsely implicated in the present case as he has nothing to do with the alleged incident. There is no allegation in the FIR against the appellant for commiting rape with the victim. During investigation the statement of the prosecutrix was recorded under Section 164 Cr.P.C. in which she has levelled false allegations against the appellant for commission of rape. The prosecutrix is major. The appellant is in judicial custody since long, trial of the
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[CRLAS-1571/2021]
case is likely to take time, hence the accused-appellant be released on bail.
Learned Public Prosecutor has opposed the appeal.
Keeping in view the facts and circumstances of the case, it would be just and expedient to order the release of the appellant on bail.
The impugned order passed by the learned Court below is quashed and set-aside and this appeal is accordingly allowed and it is directed that accused appellant -Radheyshyam S/o Gokul Prasad, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(MADAN GOPAL VYAS),J
SAURABH/30
1 issue framed by the court
Whether the appellant should be released on bail pending trial in the present SC/ST atrocity case.
2 provisions across 2 enactments
Radheyshyam S/o Gokul Prasad
State Of Rajasthan
X D/o Ramprasad W/o Rakesh
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
