Allowed

Sunita v. State of Rajasthan

Rajasthan HC18 Jan 2021CRLAS/49/2021

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal under Section 14A(2) of the SC/ST Act. Setting aside the Special Judge's order denying bail, the Court directed the release of the appellant on bail conditioned upon a personal bond and sureties, noting the lack of support from the key prosecution witness.

What did the court decide?

Appellant released on bail in connection with FIR No.165/2019 upon executing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.

Sunita Vs State of Rajasthan — Pension and Retirement Benefits | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Appeal No. 49/2021

¶3

Sunita W/o Pappugiri, Aged About 40 Years, Nagda Junction Police Station Birlagram, District Ujjain, On Rent House Of Nandu Sahu, Amber Colony Gada Puliya, Police Station Nilganga, District Ujjain (M.p.). (Lodged In Central Jail, Udaipur).

¶4

----Appellant

¶5

Versus

¶6

State Of Rajasthan, Through P.p.

¶7

Rushna Kumari D/o Arjundas Vadera, Liladi Police Station Falasiya, Udaipur.

¶8

----Respondents

¶9

For Appellant(s) : Mr. JVS Deora For Respondent(s) : Mr. Gauarv Sigh, PP Mr. Avinash Bhati, for the complainant

¶10

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶11

Order

¶12

18/01/2021

¶13

In wake of onslaught of COVID-19, lawyers have been advised to refrain from coming to the Courts.

¶14

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 05.01.2021 passed by the learned Special Judge, SC/ST Act Cases, Udaipur (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case No.3/2021, whereby the trial court has dismissed the bail application filed on behalf of the appellant.

¶15

The appellant has been arrested in FIR No.165/2019 of Police Station Hatipole, District Udaipur for the offences punishable under Sections 370, 344, 366, 376 IPC and Section 3(2)(V) of SC/ST Act.

¶16

(2 of 2)

¶17

[CRLAS-49/2021]

¶18

Heard learned counsel for the parties and perused the material available on record.

¶19

Counsel for the appellant has shown the statement of the prosecutrix. The prosecutrix in her examination and crossexamination does not level any allegation against the present petitioner or main accused Omaram. Since prosecutrix is the crucial witness and she herself does not support the case of the prosecution, it is a fit case wherein the appellant, who is a lady, ought to be released on bail.

¶20

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

¶21

Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 05.01.2021 passed by the learned Special Judge, SC/ST Act Cases, Udaipur in Criminal Misc. Case No.3/2021 is set aside.

¶22

It is directed that appellant – Sunita W/o Pappugiri shall be released on bail in connection with FIR No.165/2019 of Police Station Hatipole, District Udaipur provided she 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 her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

¶23

(Dr. PUSHPENDRA SINGH BHATI),J

¶24

30-Sanjay/-

Sunita v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sunita v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mahesh Kumar Vs Amit Ojha

Moda Ram Vs State

Jasveer Singh @ Soni Vs State of Rajasthan

Narendra Talreja Vs State

Amrit Lal Vs State of Rajasthan

Tara Singh Vs State of Rajasthan