Allowed

Anil Kumar v. State of Rajasthan

Rajasthan HC13 Mar 2023CRLAS/30/2023

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal against the rejection of bail under the SC/ST Act. The Court set aside the trial court's order, directing the release of the appellant on a personal bond with sureties, noting the injuries were grievous but not life-threatening.

What did the court decide?

The order dated 19.12.2022 dismissing bail is set aside; the appellant is directed to be released on a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.

Anil Kumar Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023/RJJD/006545]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 30/2023

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Anil Kumar S/o Sh. Ranjeet, Aged About 30 Years, B/c Jat, R/o Vill. Mahiyavali, Teh. And Dist. Sri Ganganagar. (At Present Lodged In Central Jail, Sriganganagar).

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Surendra Kumar S/o Sh. Sahab Ram, B/c Bajigar, R/o Chak-8 Hh Dhani, Ramwala P.s. Chunaward, Dist. Sriganganagar.

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----Respondents

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For Appellant(s)	: Mr. Sunil- Brother of appellant
For Respondent(s)	: Mr. Shrawan Bishnoi,PP

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HON'BLE DR. JUSTICE NUPUR BHATI

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Order

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13/03/2023

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This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of appellant being aggrieved with the order dated 19.12.2022 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case No.484/2022), whereby the trial court has dismissed the bail application filed on behalf of the appellant.

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The appellant has been arrested in FIR No.153/2022 of Police Station, Chunawad, District Sri Ganganagar for the offences pun-

(2 of 3)

[2023/RJJD/006545]

[CRLAS-30/2023]

ishable under Sections 307, 323, 341 IPC and Section 3(2)(va) of SC/ST Act.

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Learned Public Prosecutor submits that notices have been served.

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Heard appellant’s brother present in person and learned Public Prosecutor and perused the material available on record.

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Appellant’s brother appearing in person submits that compromise has taken place between the parties and co-accused Suresh bail has been granted bail on 14.12.2022 by Co-ordinate Bench of this Court vide S.B. Criminal Appeal No.1822/2022.

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On perusing record, this Court finds injury to be grievous in nature but is not dangerous to life. More so, charge-sheet has already been filed.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court deems it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.

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Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 19.12.2022 passed by the learned Special Judge, SC/ST Act Cases, Sri Ganganagar in Criminal Misc. Case No.484/2022 is set aside.

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It is directed that appellant – Anil Kumar S/o Sh. Ranjeet shall be released on bail in connection with FIR No.153/2022 of Police Station, Chunawad, District Sri Ganganagar provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each

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(3 of 3) [CRLAS-30/2023]

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[2023/RJJD/006545]

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and every date of hearing and whenever called upon to do so till the completion of the trial.

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(Dr. NUPUR BHATI),J

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133-Sanjay/-

Anil Kumar v. State of Rajasthan

Case brief

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Anil Kumar v. State of Rajasthan

Case brief

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