Allowed

Jai Prakash @ Pappu S/O Shri Vidhyadhar Ji v. State of Rajasthan

Rajasthan HC5 Jul 2023CRLAS/414/2023

Case brief

AI extract

What is this about?

In a criminal appeal under the SC/ST (PoA) Act, the Single Judge quashed the bail refusal order. Relying on compliance with Section 15-A(3) and allegations of hostiles, the court enlarged the appellant on bail with sureties and a bond, directing his appearance in trial court.

What did the court decide?

The order refusing bail dated 18.01.2023 was quashed; appellant released on personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each.

Jai Prakash @ Pappu S/O Shri Vidhyadhar Ji Vs State of… — Bail and Remand | 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. 414/2023

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Jai Prakash @ Pappu S/o Shri Vidhyadhar Ji, Aged About 40 Years, Resident Of Village Kabilsar P.s. Bissau District Jhunjhunu Presently Incarcerated At District Jail Jhunjhunu

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----Appellant

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Versus

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State of Rajasthan, Through Public Prosecutor 2. Sumer Singh Boyal S/o Shri Jayram, Resident Of Ward No. 1 Near Bright Future School, Nawalgarh Road, Bhordki P.s. Gudha Gaurji District Jhunjhunu Complainant (Husband Of Prosecutrix)

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----Respondents

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For Appellant(s) : Ms. Radhika Maharwal, Adv., with Ms. Dhriti Sharma, 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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05/07/2023

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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

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(2 of 3) [CRLAS-414/2023]

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connection with FIR No.0341/2022 registered at Police Station Sadar Jhunjhunu, District Jhunjhunu for the offence under Section 376 of IPC and under Section(s) 3(1)(w)(i) & 3(2)(v) 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. She further submits that the prosecutrix has turned hostile. She also 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 18.01.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jhunjhunu (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Jai Prakash @ Pappu S/o Shri Vidhyadhar Ji shall be released on

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(3 of 3)

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[CRLAS-414/2023]

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bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with 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 /558

Jai Prakash @ Pappu S/O Shri Vidhyadhar Ji v. State of Rajasthan

Case brief

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Jai Prakash @ Pappu S/O Shri Vidhyadhar Ji v. State of Rajasthan

Case brief

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What did the court decide?

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