Allowed

Pintu @ Nintu Shutar S/O Shri Ramlal, v. State of Rajasthan

Rajasthan HC27 Jul 2022CRLAS/1281/2022

Case brief

AI extract

What is this about?

This single-judge order allowed a bail appeal filed under Section 14A(2) of the SC/ST Act against an order rejecting bail. The high court quashed the lower court order and released the accused-appellant on bail with a bond of Rs. 50,000 and two sureties, noting the co-accused had been enlarged on bail and the complainant did not appear.

What did the court decide?

The impugned order dated 04.07.2022 is set aside; the accused-appellant is released on bail upon furnishing a bond of Rs. 50,000 and two sureties of Rs. 25,000 each.

Pintu @ Nintu Shutar S/O Shri Ramlal, Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Criminal Appeal No. 1281/2022

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Pintu @ Nintu Shutar S/o Shri Ramlal, R/o Bhinchari, Police Station Balara, District Sikar (Raj). (At Present Confined In District Jail Sikar).

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----Appellant

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Versus

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State Of Rajasthan, Through P.P.

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Kamlesh S/o Shri Ramlal, Aged About 21 Years, R/o Athwas, Police Station Sadar Fatehpur, District Sikar (Raj).

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----Respondents

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For Appellant(s) : Mr. Anil Kumar, Adv. Mr. Pradeep Bochaliya, Adv. For Respondent(s) : Mr. Babulal Nasuna, PP

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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27/07/2022

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On the last date, this court had directed the learned Public Prosecutor to inform the complainant. Inspite of the information, none has appeared on behalf of the complainant before this court as well as court below.

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The instant appeal has been filed under Section 14A(2) SC/ST (Prevention Of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No. 61/2022 Police Station Fatehpur, Sadar District Sikar for the offences under Sections 341, 323, 325, 143, 354, 382, 504, 308 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (Prevention Of Atrocities) Act.

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(2 of 2) [CRLAS-1281/2022]

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It is submitted by learned counsel for the appellant that appellant was not named in the FIR. Main accused namely Raj Kumar @ Raju, has already been enlarged on bail. Learned counsel has further submitted that two matters are registered against the appellant in which bail has already been granted.

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Per contra , learned Public Prosecutor has opposed the bail application.

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Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material available on record. It is observed that co-accused has already been enlarged on bail vide order dated 08.07.2022, by Co-ordinate Bench of this Court.

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Having regard to the totality of facts and circumstances as available on record and upon a consideration of the arguments advanced, I am of the opinion that the appellant deserves to be enlarged on bail, in this aforesaid background. 7. Consequently, the instant appeal is allowed. The impugned order dated 04.07.2022 passed by the Special Judge, SC/ST (Prevention Of Atrocities) Cases, Sikar in FIR No. 61/2022 is set aside. It is ordered that the accused-appellant Pintu @ Nintu Shutar S/o Shri Ramlal, arrested in connection with aforesaid FIR, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties 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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(SAMEER JAIN),J

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Pooja/55

Pintu @ Nintu Shutar S/O Shri Ramlal, v. State of Rajasthan

Case brief

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What did the court decide?

Pintu @ Nintu Shutar S/O Shri Ramlal, v. State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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