Allowed

Manoj Kumar Bairagi Son of Sitaram Alias Sampat v. State of Rajasthan

Rajasthan HC11 Jan 2023CRLAS/54/2023

Case brief

AI extract

What is this about?

In a criminal appeal under the SC/ST (Prevention of Atrocities) Act, 1989, the High Court of Rajasthan granted bail to two appellants in judicial custody. The court quashed the impugned order refusing bail, directing their release against a personal bond and sureties without expressing an opinion on merits.

What did the court decide?

Impugned order dated 03.01.2023 is quashed; appellants released on bail subject to bond of Rs.1,00,000 and two sureties of Rs.50,000 each.

Manoj Kumar Bairagi Son of Sitaram Alias Sampat Vs State… — 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. 54/2023

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Manoj Kumar Bairagi Son of Sitaram Alias Sampat, Aged About 31 Years, Resident Of Bade Mandir Ke Pass, Deegod, Police Station Sangod, District Kota (Rajasthan) (At Present Confined In District Jail Baran)

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Omprakash Suman Alias Gyanu Alias Gyano Son of Hanuman Prasad, Aged About 25 Years, Resident Of Rolana, Police Station, Sangod, At Present Resident Of House No. 20, Namrta Awas, Bajrang Nagar, Police Line, Kota Police Station Borkheda, Kota City (Rajasthan) (At Present Confined In District Jail Baran)

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----Appellants

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Versus

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State Of Rajasthan, Through Pp

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Surajmal Son Of Daal Chand, Resident Of Nakoda Colony, Baran, Police Station Kotwali Baran District Baran (Raj.)

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----Respondents

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For Appellant(s) : Mr. Girish Khandelwal, Adv., with Mr. Aslam S. Khan, Adv. For : Mr. M.K. Sheoran, P.P. Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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11/01/2023

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Learned Public Prosecutor has apprised this Court that compliance of Section 15-A (3) of the

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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.186/2021 registered at Police Station Sadar Baran, District Baran for the offence under Section(s) 365, 323, 341, 342, 504, 384 & 120-B 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 appellants that appellants are innocent and have falsely been implicated in this case. He further submits that accused-appellants are in judicial custody since long and the conclusion of the trial will take long time, hence prays for their 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 appellants on bail.

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The order dated 03.01.2023 passed by the learned Special Judge, SC/ST (Prevention of

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Atrocities Cases), Baran (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellants 1.Manoj Kumar Bairagi S/o Sitaram Alias Sampat & 2.Omprakash Suman Alias Gyanu Alias Gyano S/o Hanuman Prasad shall be released on bail provided each of them 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 they 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 /03

Manoj Kumar Bairagi Son of Sitaram Alias Sampat v. State of Rajasthan

Case brief

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What did the court decide?

Manoj Kumar Bairagi Son of Sitaram Alias Sampat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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