Allowed

Sikandar v. State of Rajasthan

Rajasthan HC21 Aug 2024CRLAS/1015/2024

Case brief

AI extract

What is this about?

Appeal under Section 14A of the SC/ST Act seeking bail after rejection below in a case involving entry into a dwelling house and outraging modesty. Finding no prior involvement and trial likely to take time, the High Court set aside the rejection order and granted bail with bonds and disclosure conditions.

What did the court decide?

Appellant released on bail pending trial: personal bond Rs.1,00,000 and two sureties Rs.50,000 each, with conditions to appear before trial court and furnish bank account details, Aadhaar and bank pas

Sikandar Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JD:34531]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 1015/2024

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Sikandar S/o Shri Rafiq, Aged About 23 Years, R/o Main Bazar, Lambiya, P.S. Anandpur Kalu, District Beawar (Presently Lodged In District Jail, Pali)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Devraj S/o Shri Ghevarram, R/o Lambiya, P.S. Anandpur Kalu, District Beawar.

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----Respondents

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For Appellant(s)	:	Mr. Naresh Singh Mr. Lalit Kumawat
For Respondent(s)	:	Mr. Lalit Kishor Sen, PP
		Mr. PankajChoudharyfor Resp. No.2

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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21/08/2024

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Instant Criminal appeal has been preferred to enlarge the appellant on bail under Section 14A of the SC/ST (Prevention of Atrocities) Amendment act 2015 and being aggrieved of the order dated 05.07.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali in Criminal Misc. Case No.628/2024 rejecting the bail application preferred on behalf of the appellant who is in custody in connection with FIR No.86/2024, Police Station Anandpur Kalu, District Beawar, for offences under Sections 452, 504, 341, 323 and 354 of IPC and Sections 3(1)(R)(S)(wi), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

[2024:RJ-JD:34531]

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Shri Pankaj Choudhary, learned counsel puts in appearance on behalf of the respondent No.2. Service is complete.

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I have given my thoughtful consideration to the arguments advanced by learned counsel for the parties and have perused the record carefully. Factual report produced by the learned Public Prosecutor is taken on record.

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Having regard to the facts of the case and taking into account totality of circumstances, it is prima facie seen that the allegation against the appellant is that he entered into dwelling house of the complainant and outraged modesty of the daughter of complainant. The appellant is in custody since 05.07.2024. The bail rejection order goes to show that appellant is not involved in any other case; that the trial is likely to take its own considerable time and no useful purpose would be served by keeping him in detention for an indefinite period. In that view of the matter, this Court is of the opinion that the appellant deserves indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellant cannot be sustained.

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Consequently, the appeal is allowed. The order dated 05.07.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali in Criminal Misc. Case No.628/2024 is set aside and it is ordered that the accused-appellant Sikandar S/o Shri Rafiq arrested in connection with FIR No.86/2024 Police Station Anandpur Kalu, District Beawar shall be released on bail during pendency of the trial; provided he furnishes personal bond of Rs. 1,00,000/- and two surety bonds of Rs.50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called

[2024:RJ-JD:34531]

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upon to do so and if not required by Jail Authorities in any other case. This order is subject to the condition that accused, within 7 days of his release and sureties, on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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With the abovesaid directions, the Criminal Appeal is disposed of.

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(RAJENDRA PRAKASH SONI),J

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122-suraj/-

Sikandar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sikandar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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