Allowed

Raju Banjara v. State

Rajasthan HC20 Sept 2021CRLAS/619/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur allowed the criminal appeal filed by Raju Banjara challenging the rejection of his bail application. The court set aside the impugned order and granted bail subject to furnishing a bond with sureties, without commenting on the merits of the rape allegations.

What did the court decide?

The impugned order dated 13.07.2021 setting aside bail was set aside; the accused-appellant was released on bail with a bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Raju Banjara Vs State — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S. B. Criminal Appeal No. 619/2021

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Raju Banjara S/o Late Shri Bachha Banjara, aged about 47 years, R/o Bajaj Nagar, Dabok, District Udaipur.

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(At present lodged in Central Jail, Udaipur)

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----Appellant

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Versus

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State of Rajasthan

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Smt. Laxmi D/o Ghisa, R/o Salera Kalla, Mavli, Udaipur.

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----Respondents

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For Appellant(s) : Mr. R.S. Chouhan For Respondent(s) : Mr. Sudhir Tak, P.P.

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HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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20/09/2021

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No one has put in appearance on behalf of the respondent No. 2 despite service.

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The instant criminal appeal has been filed under Section 14A of the S.C./S.T. (Prevention of Atrocities) Act, 2015 on behalf of the appellant, who is in custody in connection with F.I.R. No. 67/2019, Police Station Pratapnagar, District Udaipur for the offences under Section 376 of I.P.C. and Sections 3(2)(v) & 3(1) (w)(i) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 13.07.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Udaipur whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

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(2 of 3)

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[CRLAS-619/2021]

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Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record.

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Learned counsel for the appellant submits that the prosecutrix – Mst. “L” lived with the appellant as his wife for a long period of nine years. The false allegation of rape has been levelled by the prosecutrix against the appellant. He further submits that after completion of investigation, the charge-sheet has already been filed. He, therefore, prays that the appeal of the appellant may be allowed and he may be enlarged on bail.

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Learned Public Prosecutor opposes the appeal.

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From perusal of the record, it reveals that the main allegation levelled by the prosecutrix against the appellant is that on the false assurance of marriage, she started to live with him as husband and wife. The complaint has been filed after the lapse of nine years.

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Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and without commenting upon the merits of the case, this Court is of the opinion that the appeal filed by the appellant deserves to be accepted.

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Consequently, the instant criminal appeal is allowed. The impugned Order dated 13.07.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Udaipur is set aside. It is ordered that the accused-appellant - Raju Banjara S/o Late Bachha Banjara arrested in connection with F.I.R. No. 67/2019, Police Station Pratapnagar, District Udaipur shall be released on bail provided he furnishes a personal bond of Rs.1,00,000/(Rupees: One Lac Only) and two sureties of Rs.50,000/- (Rupees:

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(3 of 3) [CRLAS-619/2021]

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Fifty Thousand Only) each to the satisfaction of the trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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(RAMESHWAR VYAS),J

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287-Inder/-

Raju Banjara v. State

Case brief

What is this about?

What did the court decide?

Raju Banjara v. State

Case brief

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What did the court decide?

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