Allowed

Rawta Ram v. State of Rajasthan

Rajasthan HC12 Jan 2023CRLAS/45/2023

Case brief

AI extract

What is this about?

This High Court allowed a second appeal under Section 14-A(2) of the SC/ST Act against the dismissal of bail. It set aside the trial court's order and directed the release of the appellant on bail upon executing a personal bond. No opinion on merits was expressed.

What did the court decide?

Bail granted; order dismissing bail set aside; release on personal bond of Rs.50,000 and two sureties.

Rawta Ram Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 45/2023

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Rawta Ram S/o Kana Ram, Aged About 23 Years, B/c Jat, R/o Kuchour Aguni, Police Station Jasrasar, District Bikaner. (At Present Lodged In Central Jail, Bikaner)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Kanta W/o Mahendra, B/c Nayak, R/o Kuchour Aguni, Police Station Jasrasar, District Bikaner.

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----Respondents

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For Appellant(s) : Mr. R.S. Choudhary For Respondent(s) : Mr. Saleem Khan, PP Mr. Praveen Kumar for complainant

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Order

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12/01/2023

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This criminal appeal under Section 14-A(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 the appellant being aggrieved with the order dated 22.12.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner (hereinafter to be referred as ‘trial court’) in Criminal Misc. Bail Case No.2218/2022 (CIS No.462/2022) 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.148/2022 of Police Station Jasrasar, Distt. Bikaner for the offences punishable under

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(2 of 3)

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[CRLAS-45/2023]

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Sections 450, 376 IPC and Sections 3(1)(W)(i) and 3(2)(Va) SC/ST (Prevention of Atrocity) Act.

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Learned counsel for the appellant has submitted that the allegation of sexual assault levelled against the appellant is absolutely false. It is further submitted that the complainant is a married lady and she was in consensual relationship with the appellant, however, when her family members came to be know about the same, her husband came on the spot and thereafter this false FIR has been lodged against the appellant under pressure. It is further submitted that charge-sheet has already been filed and trial of the case will take time.

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Learned Public Prosecutor as well as learned counsel for the complainant have opposed the prayer made on behalf of learned counsel for the appellant in this criminal appeal.

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Heard learned counsel for the parties and perused the material on record.

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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, I deem it just and proper to allow the appeal filed by the 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 22.12.2022 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner in Criminal Misc. Bail Case No.2218/2022 (CIS No.462/2022) is set aside and it is directed that appellant – Rawta Ram S/o Kana Ram shall be released on bail in connection with FIR No.148/2022 of Police Station Jasrasar, Distt. Bikaner provided he executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned

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(3 of 3)

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[CRLAS-45/2023]

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trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(VIJAY BISHNOI),J

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248-Arun/-

Rawta Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rawta Ram v. State of Rajasthan

Case brief

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What did the court decide?

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