Allowed

Harshvardhan Singh v. State of Rajasthan

Rajasthan HC7 Feb 2023CRLAS/126/2023

Case brief

AI extract

What is this about?

In an S.B. Criminal Appeal under Section 14-A(2) of the SC/ST Prevention of Atrocities Act, the High Court of Rajasthan allowed the appeal, set aside the Special Judge's order rejecting bail, and directed the release of the appellant on personal and surety bonds in the sum of Rs. 50,000 and Rs. 25,000 each.

What did the court decide?

The impugned order dated 23.01.2023 was set aside and the appellant was directed to be released on bail on personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.

Harshvardhan Singh Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023/RJJD/004370]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 126/2023

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Harshvardhan Singh S/o Lt. Padam Singh, Aged About 23 Years, Pipliya, Karoli, P.s. Delvada, Dist. Rajsamand. (At Present Lodged In Dist. Jail, Rajsamand).

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Prakash S/o Dama Jee, B/c Bheel, R/o Kagmadada, P.s. Khamnor, Dist. Rajsamand.

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----Respondents

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For Appellant(s) : Mr. Vikram Singh For Respondent(s) : Mr. SK Bhati, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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07/02/2023

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The instant appeal has been filed under Section 14-A(2) of SC/ ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.01/2023, Police Station Delvada, District - Rajsamand, for the offences under Sections 341, 323, 325, 365, 342/34 of IPC and Sections 3(1)(r)(s) and 3(2)(va) of SC/ST Act against the order dated 23.01.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Rajsamand whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. The accused- appellant is in custody since long and the trial of the case

(2 of 2)

[2023/RJJD/004370]

[CRLAS-126/2023]

will take long time. Therefore, it is prayed that the benefit of bail should be granted to the accused-appellant.

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Learned Public Prosecutor has vehemently 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 23.01.2023 passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Rajsamand is set aside. It is ordered that the accused-appellant Harshvardhan Singh S/o Lt. Padam Singh , arrested in connection with FIR No.01/2023, Police Station Delvada, District Rajsamand, shall be released on bail; provided he furnishes a personal bond of Rs.50,000/- and two surety bonds 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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(MADAN GOPAL VYAS),J

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61-neha/-

Harshvardhan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Harshvardhan Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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