Allowed

Suresh v. State of Rajasthan

Rajasthan HC5 May 2022CRLAS/299/2022

Case brief

AI extract

What is this about?

This order allowed a S.B. Criminal Appeal filed under Section 14A(2) of the SC/ST Act. The High Court set aside an order rejecting bail and directed the release of the appellant on bail with a personal bond and two sureties.

What did the court decide?

The impugned order rejecting bail was set aside and the accused-appellant was released on bail on furnishing a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Suresh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 299/2022

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Suresh S/o Khem Raj @ Khema Gadri, Aged About 30 Years, R/o Village Gurjaniya Thana Dungla, Dist. Chittorgarh, Rajasthan. (Lodged At Dist. Jail, Chittorgarh).

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Smt. Sanju W/o Pushkar Jatiya, Village Fatchar P.s. Badi Sadari, D/o Mohan Lal, R/o Gurjaniya, Dungla, Dist. Chittorgarh, Rajasthan.

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----Respondents

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For Appellant(s)	: Mr. Mahaveer Singh
For Respondent(s)	: Ms. Anita Gehlot,PP.

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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05/05/2022

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

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The instant appeal has been filed under Section 14A(2) of SC/ST Act on behalf of the appellant, who is in custody in connection with FIR No.176/2021, Police Station Dungala, District Chittorgarh for the offences under Sections 366, 376(2) and 344 IPC and Section 3(2)(V) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act against the order dated 09.02.2022 passed by learned Special Judge SC/ST Act Cases, Chittorgarh, District Chittorgarh whereby the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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(2 of 2)

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[CRLAS-299/2022]

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It has been submitted on behalf of the appellant that the prosecutrix has been examined in Court as PW-2 and the prosecutrix is major and she resided alongwith the petitioner for about one month and during this period she has not raised any hue and cry and if anything happened, it was with the consent of the prosecutrix. The accused-appellant is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accusedappellant.

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Learned Public Prosecutor has opposed the prayer for bail.

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Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

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Consequently, the instant appeal is allowed. The impugned order dated 09.02.2022 passed by learned Special Judge SC/ST Act Cases, Chittorgarh is set aside. It is ordered that the accusedappellant Suresh S/o Khem Raj @ Khema Gadri arrested in connection with FIR No.176/2021, Police Station Dungla, District Chittorgarh shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- and two sureties bond of Rs.50,000/- 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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(MANOJ KUMAR GARG),J

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96-Ishan/-

Suresh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Suresh v. State of Rajasthan

Case brief

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What did the court decide?

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