Allowed

Lalit S/O Jagdish v. State of Rajasthan

Rajasthan HC10 Apr 2023CRLAS/125/2023

Case brief

AI extract

What is this about?

The High Court allowed the special criminal appeal filed by the appellant against the rejection of his bail. The court set aside the impugned order and directed the release of the accused on bail, relying on the fact that specific allegations were attributed to a co-accused already granted bail and the delay in trial conclusion.

What did the court decide?

The appeal was allowed, the impugned order was set aside, and the accused was released on bail with one personal bond of Rs. 1,00,000 and two sureties of Rs. 50,000 each.

Lalit S/O Jagdish Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023/RJJP/006242]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 125/2023

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Lalit S/o Jagdish, Aged About 26 Years, R/o Near Shiv Temple, Ganeshpura, Police Station Railway Colony, Kota (Confined In Jail At Kota)

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----Accused-Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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Rajkumar Meena S/o Harkesh Meena, Aged About 35 Years, R/o Ganeshpura Kacchi Basti, P.S. Railway Colony, Kota.

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----Respondents/Defendants

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For Appellant(s) For Respondent(s)	: Mr. : Mr.	Sajid Ali M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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10/04/2023

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Notices have already been served upon the complainant, but no one has appeared on behalf of the complainant.

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This appeal has been filed under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by the appellant in connection with FIR No.415/2022, Police Station Railway Colony, District Kota for the offences under Sections 341, 323 & 34 of IPC and Section 3(2)(va) of SC/ST Act, 1989.

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Learned counsel for the appellant submitted that the incident is of 06.11.2022. Learned counsel also submitted that in FIR the injury which was caused to the injured Ghanshyam has been attributed to co-accused – Rahul.

[2023/RJJP/006242]

[CRLAS-125/2023]

(2 of 3)

Learned counsel argued that injury caused to the injured has been found simple in nature caused by blunt weapon and the author of the injury has been enlarged on bail by the learned trial Court, but the bail application of the appellant has been rejected due to pendnecy of the other criminal cases pending against him.

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Learned counsel also submitted that the appellant has been arrested on 12.11.2023 and since then he is behind the bars and the conclusion of the trial will take long time. Learned counsel prayed that the appellant be enlarged on bail.

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Learned Public Prosecutor while opposing the appellant’s prayer submitted that looking to the number of criminal cases pending against the petitioner, he should not be enlarged on bail. 7. Having regard to the facts and circumstances of the case and considering the arguments advanced at the bar and also looking to the fact that specific allegation of causing one injury by iron rod has been attributed to co-accused, who has been enlarged on bail by the learned trial Court, but without expressing any opinion on the merits/demerits of the case, I deem it just and proper to allow the present appeal of the appellant.

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Consequently, the appeal is allowed. The impugned order dated 04.01.2023 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act Cases, Kota is set aside. It is ordered that the accused – appellant - Lalit S/o Jagdish arrested in connection with FIR No.415/2022, Police Station Railway Colony, District Kota shall be released on bail on his furnishing personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the trial Court.

(3 of 3)

[2023/RJJP/006242]

[CRLAS-125/2023]

Appellant shall be required to appear before that Court on all

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dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR),J

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MADAN/100

Lalit S/O Jagdish v. State of Rajasthan

Case brief

What is this about?

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Lalit S/O Jagdish v. State of Rajasthan

Case brief

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