Allowed

Ramvilas S/O Badrilal v. State of Rajasthan

Rajasthan HC17 Jul 2023CRLAS/229/2023

Case brief

AI extract

What is this about?

This court allowed a bail appeal under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, setting aside the impugned order. The appellant, a repeat offender regarding bail applications, was ordered to be released on personal and surety bonds subject to appearance.

What did the court decide?

The impugned order of bail rejection was set aside. The appellant is released on bail with a personal bond of Rs. 50,000 and two surety bonds of Rs. 25,000 each.

Ramvilas S/O Badrilal Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 229/2023

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Ramvilas S/o Badrilal, R/o Guradi P.S. Manoharthana, Distt. Jhalawar (Raj) (At Present Confined In Central Jail, Kota)

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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, R/o

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----Respondents

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For Appellant(s)	: Mr. Amit Dadhich, Advocate
For Respondent(s)	: Mr. Mahendra Meena, Public
	Prosecutor

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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17/07/2023

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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.349/2022, registered at Police Station Sangod, District Kota for the offences under Sections 365, 366, 376 & 506 of IPC and Sections 3(2)(v) & 3(2) (va) of the SC/ST (Prevention of Atrocities) Act against the order dated 16.01.2023 passed by Court of Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota, whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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As per order dated 31.03.2023 passed by Co-ordinate Bench of this Court, service is complete. Despite Service, no one has appeared on behalf of the complainant.

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(2 of 3) [CRLAS-229/2023]

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Learned counsel for the appellant submits that as per the FIR, victim is aged about 19 years and as per the injury and medical report of the victim, she has no internal or external injury. Learned counsel further submits that the appellant is behind the bars since 03.01.2023 and he has no criminal antecedents. Learned counsel also submits that the charge-sheet has already been filed. Hence, appeal of the accused-appellant may be allowed.

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Learned Public Prosecutor has strongly opposed the appeal.

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Heard learned counsel and perused the material available on record.

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Considering the submissions made by learned counsel for the appellant and the facts & 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 16.01.2023 passed by the Court of Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota (Raj.) is set aside. It is ordered that the accused-appellant Ramvilas S/o Badrilal arrested in connection with F.I.R. No.349/2022 registered at Police Station Sangod, District Kota 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 (out of which one surety shall be resident of Kota District) to the satisfaction of the learned trial Court with the stipulation to appear before that

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[CRLAS-229/2023]

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(3 of 3)

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Court on all dates of hearing and as and when called upon to do

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so.

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(CHANDRA KUMAR SONGARA),J

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Ashish Kumar /253

Ramvilas S/O Badrilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramvilas S/O Badrilal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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