Allowed

Akash Yadav S/O Mukesh v. State of Rajasthan

Rajasthan HC24 Apr 2023CRLAS/147/2023

Case brief

AI extract

What is this about?

This criminal appeal against a convication order in a caste atrocity case was allowed. The High Court quashed the impugned order and enlarged the appellant on bail after the State established compliance with Section 15-A(3) of the SC/ST Act, 1989.

What did the court decide?

The order dated 23.12.2022 passed by the Special Judge was quashed. The appellant was released on bail on a personal bond of Rs. 1,00,000/- along with two sureties of Rs. 50,000/- each.

Akash Yadav S/O Mukesh Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023/RJJP/007771]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 147/2023

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Akash Yadav S/o Mukesh, Resident Of Senior Higher Secondary School Ke Piche Ward No. 21, Kila Badi Thana Badi, District Dholpur (At Present Confined At District Jail, Dholpur)

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----Appellant

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Versus

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State of Rajasthan, Through Its Public Prosecutor

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Rajesh Meena Son of Bhojraj, Aged About 25 Years, Resident Of Khanpur Meena, Badi, Dholpur Rajasthan

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----Respondents

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For Appellant(s) : Mr. Ankur Singh Tomar, Adv. For : Mr. Sanjeev Mahala, P.P. Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

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24/04/2023

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Learned Public Prosecutor has apprised this Court that compliance of Section 15-A (3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act of 1989”) has been made in the present case.

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The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed in connection with FIR No.449/2022 registered at Police

[2023/RJJP/007771]

(2 of 3)

[CRLAS-147/2023]

Station Badi, District Dholpur for the offence under Section(s) 323, 341 & 504 of IPC and under Section(s) 3(1)(r)(s) & 3(2)(va) of the Act of 1989.

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It is contended by learned counsel for the appellant that the appellant is innocent and has falsely been implicated in this case. He further submits that the accused-appellant has been in judicial custody since long and the conclusion of the trial will take long time, hence prays for his release on bail.

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Learned Public Prosecutor has opposed the appeal.

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Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the appellant on bail.

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The order dated 23.12.2022 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Dholpur (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Akash Yadav S/o Mukesh shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with

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[2023/RJJP/007771] (3 of 3) [CRLAS-147/2023]

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two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so and shall comply with all the conditions laid down under Section 437(3) Cr.P.C.

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(UMA SHANKER VYAS),J

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DANISH USMANI /07

Akash Yadav S/O Mukesh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Akash Yadav S/O Mukesh v. State of Rajasthan

Case brief

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What did the court decide?

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