Allowed

Anand @ Neku v. State

Rajasthan HC25 Oct 2021CRLAS/858/2021

Case brief

AI extract

What is this about?

In a special criminal appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015, the Jodhpur bench set aside the order rejecting bail for the appellant. The Court granted bail, relying on the fact that a co-accused was released on similar facts, setting the personal bond at Rs.50,000.

What did the court decide?

Order dated 13.08.2021 set aside; appellant released on bail upon furnishing personal bond of Rs.50,000 and two surety bonds of Rs.25,000 each.

Anand @ Neku Vs State — Caste Atrocities | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Appeal No. 858/2021

¶3

Anand @ Neku S/o Shri Kishan Lal, Aged About 21 Years, B/c Valmiki, R/o Chawani, Sheoganj, Police Station Sheoganj, District Sirohi. (Presently Lodged In District Jail, Sirohi).

¶4

----Appellant

¶5

Versus

¶6

State, Through PP.

¶7

Surendra Kumar Valmiki S/o Shri Rajendra Kumar, R/o Falna, P.s. Falna, Dist. Pali (Raj.).

¶8

----Respondents

¶9

For Appellant(s)	: Mr. Vikram Choudhary
For Respondent(s)	: Mr. Mahipal Bishnoi,PP

¶10

HON'BLE MR. JUSTICE SUDESH BANSAL

¶11

Order

¶12

25/10/2021

¶13

Notice of the appeal has been served upon the respondent No.2. However, no one has appeared to oppose the appeal.

¶14

Heard. Perused the material available on record.

¶15

This appeal has been preferred on behalf of the appellant

¶16

Anand @ Neku S/o Shri Kishan Lal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015 being aggrieved of the order dated 13.08.2021 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Sirohi in Criminal Case No.264/2021 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.76/2021 police Station Sheoganj, District Sirohi, for offences under Sections 395, 365, 342 IPC & Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

¶17

(2 of 2) [CRLAS-858/2021]

¶18

Learned counsel for the petitioner submits that co-accused Amjad Hussain was released on bail vide order dated 13.09.2021 passed in S.B. Criminal Appeal No.629/2021. The case of petitioner is not different from the case of co-accused Amjad Hussain. The petitioner is said to be in custody since 16.07.2021. Therefore, he prays that the appellant may be enlarged on bail.

¶19

The learned Public Prosecutor opposes the bail application.

¶20

In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that the

¶21

appellant deserves indulgence of bail in this case.

¶22

Consequently, the appeal is allowed. The order dated 13.08.2021 is set aside and it is ordered that the accusedappellant Anand @ Neku S/o Shri Kishan Lal arrested in connection with FIR No.76/2021 police Station Sheoganj, District Sirohi shall be released on bail during pendency of the trial; provided he furnishes personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

¶23

(SUDESH BANSAL),J

¶24

49-AnilKC/-

Anand @ Neku v. State

Case brief

What is this about?

What did the court decide?

Anand @ Neku v. State

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shanti Lal Suthar Vs Shankar Lal and Ors.

Shivji and Ors. Vs State of Rajasthan and Anr.

Kapil Vs State of Rajasthan

Ramdeen @ Dinesh Vs State

Ramdeen @ Dinesh Vs State of Rajasthan