Allowed

Asif @ Amir S/O Abdul Rais v. State of Rajasthan

Rajasthan HC19 May 2023CRLAS/543/2023

Case brief

AI extract

What is this about?

The High Court allowed the Special Criminal Appeal filed for bail under Section 14-A(2) of the SC/ST Act. On learning that statutory compliance had been made, the Court quashed the lower order and released the appellant on bail with a personal bond and two sureties.

What did the court decide?

The appeal allowed; Special Judge's order quashed and set aside; accused released on personal bond of Rs. 1 lac and two sureties of Rs. 50k each.

Asif @ Amir S/O Abdul Rais Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2023)

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[2023/RJJP/011361]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 543/2023

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Asif @ Amir S/o Abdul Rais, Aged About 24 Years, R/o Behind Chaman Hotel Nehru Coloni Kachchi Basti Nayapura Kota (At Present Confined At 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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Naresh Kumar S/o Panna Lal, R/o Negadiya Rajsamand Raj At Present Ratan Kachori P.s. Nayapura Kota City (Raj.)

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----Respondents

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For Appellant(s) : Mr. Abdul Rahim Khan, Adv. For : Mr. Riyasat Ali, P.P. Respondent(s)

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HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order

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19/05/2023

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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 (2) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed in connection with FIR No.35/2023 registered at Police Station Nayapura, District Kota City for the offence

[2023/RJJP/011361]

(2 of 3)

[CRLAS-543/2023]

under Section(s) 307, 327, 323, 341 & 34 of IPC and under Section(s) 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. He further submits that charge sheet has been filed. He 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 24.02.2023 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Kota (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Asif @ Amir S/o Abdul Rais shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with

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[2023/RJJP/011361] (3 of 3) [CRLAS-543/2023]

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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 /04

Asif @ Amir S/O Abdul Rais v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Asif @ Amir S/O Abdul Rais v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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