Allowed

Sattar Khan v. State of Rajasthan

Rajasthan HC24 Sept 2021CRLAS/690/2021

Case brief

AI extract

What is this about?

Special Criminal Appeal against bail rejection. The High Court allowed the appeal and set aside the order rejecting the initial bail application, releasing the appellant on personal bond and sureties without commenting on merits due to respondent absence.

What did the court decide?

Criminal appeal allowed; impugned order set aside; accused released on bail with personal bond and sureties.

Sattar Khan Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2021)

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(1 of 2)

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[CRLAS-690/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S. B. Criminal Appeal No. 690/2021

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Sattar Khan S/o Imam Khan, aged about 40 years, R/o Siwana, Tehsil Siwana, District Barmer.

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(At present lodged in Sub Jail, Balotra).

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----Appellant

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Versus

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State of Rajasthan

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Poonam D/o Sethi Ram, B/c Sansi, R/o Samdari, District Barmer.

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----Respondents

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For Appellant(s) : Mr. Sravan Kumar Sainee For Respondent(s) : Mr. Mahipal Bishnoi, P.P.

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HON'BLE MR. JUSTICE RAMESHWAR VYAS

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Order

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24/09/2021

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

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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. 34/2021, Police Station Samdari, District Barmer for the offences under Sections 376(2)(N), 366 & 120-B of I.P.C. and Section 3(2)(v) of S.C./S.T. (Prevention of Atrocities) Act against the Order dated 07.08.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Balotra whereby the bail application preferred under Section 439 of Cr.P.C. on behalf of the appellant was rejected.

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

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(2 of 2) [CRLAS-690/2021]

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Learned counsel for the appellant submits that there is no allegation of rape against the appellant. As per the prosecution story, the prosecutrix was abducted by the co-accused Farooq alias Farooq Khan, who committed rape upon her. The appellant is son-in-law of Farooq alias Farooq Khan, against whom the allegation of committing offence under Section 376 I.P.C. has been levelled with the aid of Section 120-B of I.P.C. 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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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 07.08.2021 passed by the Special Judge, S.C./S.T. (Prevention of Atrocities) Act Cases, Balotra is set aside. It is ordered that the accused-appellant - Sattar Khan S/o Imam Khan arrested in connection with F.I.R. No. 34/2021, Police Station Samdari, District Barmer 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: 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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31-Inder/-

Sattar Khan v. State of Rajasthan

Case brief

What is this about?

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Sattar Khan v. State of Rajasthan

Case brief

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