The Rajasthan High Court allowed a criminal appeal under Section 14-A of the SC/ST Act, setting aside a bail rejection order and granting bail to the appellant subject to executing a bond.
Appellant released on bail with a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each, to the satisfaction of the trial court.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 1598/2022
Vishal Gupta S/o Sh. Krishna Gopal Gupta, Aged About 38 Years, Subhash Nagar, Indra Chowk, P.s. Bassi Nagar, Dist. Jammu. At Present R/o C-102, Awso, Garjindravihar, Sector Sai-1, Greater Noida, Kasna Dist. Gautambuddh Nagar, Up. (Presently Lodged At Central Jail, Jodhpur).
----Appellant
Versus
----Respondents
| For Appellant(s) | : | Mr. Nitin Goklani |
|---|---|---|
| For Respondent(s) | : | Mr. AR Choudhary,PP |
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/11/2022
This Court perused the material available on record.
This criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 29.09.2022 passed by the learned Special Judge, SC/ST Act Cases, Jodhpur (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case No.359/2022, whereby the trial court has dismissed the bail application filed on behalf of the appellant.
The petitioner has been arrested in connection with FIR No. 296/2022 of Police Station Udaimandir, Jodhpur City (East) for the
(2 of 2)
[CRLAS-1598/2022]
offences punishable under Section 376(2)(N) of IPC and Section 3(2)(V) of SC / ST Act.
Learned counsel for the petitioner has drawn attention of this Court towards the FIR, which reflects that the relationship in the present case, is of a consensual nature, which having been derailed resulted into lodging of the FIR against the present petitioner.
Learned Public Prosecutor opposes the bail application.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to allow the appeal filed by the accused appellant under Section 14-A of SC/ST Act.
Accordingly, this criminal appeal filed under Section 14-A of SC/ST Act is allowed and the order dated 29.09.2022 passed by the learned Special Judge, SC/ST Act Cases, Jodhpur in Criminal Misc. Case No.359/2022 is set aside. It is directed that appellant – Vishal Gupta S/o Sh. Krishna Gopal Gupta shall be released on bail in connection with FIR No.296/2022 of Police Station Udaimandir, Jodhpur City (East) provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(DR.PUSHPENDRA SINGH BHATI), J.
138-Sudheer/-
2 issues framed by the court
Whether the criminal appeal against the rejection of bail under Section 14-A of the SC/ST Act should be allowed.
Whether the appellant should be released on bail in connection with offences under Section 376(2)(N) IPC and Section 3(2)(V) SC/ST Act.
3 provisions across 2 enactments
Vishal Gupta
State Of Rajasthan
Ruchi Solanki
Pusshendra Singh Bhati
As recorded by the court registry
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