Allowed

Rekhraj S/O Gulab Chand v. State of Rajasthan

Rajasthan HC24 Jan 2022CRLAS/122/2022

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court allowed the appellants' appeal against an order rejecting their bail application. The Court set aside the impugned order and released the accused-appellants on bail requiring a personal bond and two sureties.

What did the court decide?

The impugned order rejecting bail is set aside. Appellants released on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each.

Rekhraj S/O Gulab Chand Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 122/2022

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Rekhraj S/o Gulab Chand, Aged About 31 Years, R/o Kaji Kundali, Police Station Batoda, Tehsil Bamanwas, District Sawaimadhopur, Presently Tenant Pappulal Sharma Indra Colony, Police Station Mantown, Sawaimadhopur (At Present Accused Are Confined In District Jail Sawaimadhopur)

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Lokesh S/o Ramprasad, Aged About 32 Years, R/o Karel Police Station Malarna Doongar, District Sawaimadhopur Presently Tenant Pappulal Sharma Indra Colony, Police Station Mantown Sawaimadhopur (At Present Accused Are Confined In District Jail Sawaimadhopur)

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----Appellants

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Versus

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State Of Rajasthan, Through P.P.

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Victim

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----Respondents

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For Appellant(s)	: Mr. Ravindra Kumar Paliwal through video conferencing
For Respondent(s)	: Mr. M.K. Sheoran, PP
For Complainant(s)	: Mr. Nitin Kumar Sharma through video conferencing

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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24/01/2022

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The instant appeal has been filed under Section 14(2)(A) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellants, who are in custody in connection with FIR No.03/2022, registered at Police Station Mahila Thana Sawaimadhopur, District Sawaimadhopur for the offences under Sections 376-D, 323 and 341 of IPC and Section 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act and against the order dated

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(2 of 3)

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[CRLAS-122/2022]

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13.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawimadhopur, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellants was rejected.

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Learned counsel for the appellants has submitted that the appellants are in judicial custody since long. The prosecutrix is 32 years of age married lady. As per rejection bail order, the appellants have no criminal antecedents. Both the parties have settled their dispute amicably. Hence, appeal of the accusedappellants may be granted.

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Learned counsel for the complainant has no objection if the appeal is granted whereas learned State counsel has strongly opposed the appeal.

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

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Considering the submissions made by learned counsel for the appellants as well as learned counsel for the complainant and the facts and circumstances of the case, but without expressing any opinion on the merits/demerits of the case, this Court is of opinion that the appellants deserves to be enlarged on bail.

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Consequently, the instant appeal is allowed. The impugned order dated 13.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawaimadhopur (Raj.) is set aside. It is ordered that the accused-appellants Rekhraj S/o Gulab Chand and Lokesh S/o Ramprasad arrested in connection with FIR No.03/2022, registered at Police Station Mahila Thana Sawaimadhopur shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two

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(3 of 3) [CRLAS-122/2022]

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sureties in the sum 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.

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(CHANDRA KUMAR SONGARA),J

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Payal/33

Rekhraj S/O Gulab Chand v. State of Rajasthan

Case brief

What is this about?

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Rekhraj S/O Gulab Chand v. State of Rajasthan

Case brief

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