Allowed

Hansraj Son of Thawarmal v. State of Rajasthan

Rajasthan HC15 Mar 2022CRLAS/197/2022

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court of Rajasthan allowed the appellant's appeal against the rejection of his bail application under Section 439 Cr.P.C. in a case under the SC/ST (Prevention of Atrocities) Act, setting aside the impugned order and granting bail with a personal bond.

What did the court decide?

The impugned order dated 27.01.2022 is set aside; accused is released on bail by furnishing Rs.50,000 personal bond and two sureties of Rs.25,000 each.

Hansraj Son of Thawarmal Vs State of Rajasthan — Bail and Remand | 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. 197/2022

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Hansraj Son Of Thawarmal, Aged About 30 Years, R/o Tateeja, Police Station Khetri Nagar, District Jhunjhunu (Appellant Is Confined In District Jail, Jhunjhunu)

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----Appellant

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Versus

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State Of Rajasthan, Through P.P.

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Victim, Add

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----Respondents

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For Appellant(s) : Mr. Rishi Raj Singh Rathore For Respondent(s) : Mr. Laxman Meena, PP For Complainant(s) : Mr. O.P. Jhajhria

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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15/03/2022

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The instant appeal has been filed under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act on behalf of the appellant, who is in custody in connection with FIR No.09/2022, registered at Police Station Khetdi Nagar, District Jhunjhunu for the offences under Sections 376, 376-D, 504, 506 & 313 of IPC and Sections 3(1)(W), 3(2)(V) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act against the order dated 27.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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Learned counsel for the appellant submits that the appellant is behind the bars since long and charge-sheet has been

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(2 of 2)

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[CRLAS-197/2022]

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submitted. The appellant has criminal antecedent of one case and

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he is on bail in that case. The FIR has been lodged by the complainant after a delay of more than three years. The age of victim is 24 years. Hence, appeal of the accused-appellant may be granted.

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Learned State counsel as well as learned counsel for the complainant both have strongly opposed the appeal.

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

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Considering the submissions made by learned counsel for the appellant 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 appellant deserves to be enlarged on bail.

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Consequently, the instant appeal is allowed. The impugned order dated 27.01.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhunjhunu (Raj.) is set aside. It is ordered that the accused-appellant Hansraj Son Of Thawarmal arrested in connection with FIR No.09/2022, registered at Police Station Khetdi Nagar, District Jhunjhunu shall be released on bail; provided he furnishes a personal bond in the sum of Rs.50,000/with two 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/58

Hansraj Son of Thawarmal v. State of Rajasthan

Case brief

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Hansraj Son of Thawarmal v. State of Rajasthan

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