Allowed

Yogesh v. State of Rajasthan

Rajasthan HC24 Jan 2024CRLAS/124/2024

Case brief

AI extract

What is this about?

The High Court allowed a third criminal appeal against the rejection of bail under Section 439 Cr.P.C. in an SC/ST case. The Court set aside the impugned order and directed the release of the appellant on bail along with bond conditions, noting a compromise between parties.

What did the court decide?

Impugned order dated 08.01.2024 set aside. Accused-appellant released on bail on personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each.

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

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc. (Third) Appeal (Sb) No. 124/2024

¶3

Yogesh S/o Kuldeep, Aged About 22 Years, R/o Ber, Tehsil Bhadra, Ps Bhirani, Dist. Hanumangarh. (Raj.) At Present Lodged In Dist. Jail, Hanumangarh.

¶4

----Appellant

¶5

Versus

¶6

State Of Rajasthan, Through Pp

¶7

Vikram Singh S/o No Knowledge, R/o Bhirani, Ps Bhirani, Dist. Hanumangarh

¶8

----Respondents

¶9

For Appellant(s) : Mr. Vikash Choudhary For Respondent(s) : Mr. Shrawan Bishnoi, P.P. Mr. Jogendar Singh

¶10

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

¶11

Order

¶12

24/01/2024

¶13

The instant third criminal appeal has been filed under Section 14-A(2) of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No.84/2023, Police Station Bhirani, District Hanumangarh, for the offences under Sections 308, 323, 325, 504, 34 IPC and Section 3(1)(r), 3(2)(s), 3(2)(va) of the SC/ST Act against the order dated 08.01.2024 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Hanumangarh whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

¶14

[CRLAS-124/2024]

¶15

(2 of 3)

¶16

Earlier the appellant filed first appeal for bail which was dismissed as not pressed by this Court vide order dated 14.06.2023 with liberty to file fresh after filing of charge-sheet. Thereafter, the appellant filed second appeal for bail which was also rejected vide order dated 20.09.2023 with liberty to file fresh appeal after recording the statements of injured and doctor.

¶17

Arguing on this third appeal for bail, learned counsel for the appellant submits that accused-appellant has falsely been implicated in this case. It is further submitted that parties have settled their dispute and have entered into compromise. It is further submitted that accused-petitioner is behind the bars since long and trial will take long time, therefore, benefit of bail may be granted to the accused appellant. Learned counsel further submits that the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Hanumangarh has grossly erred in law and facts as well in declining to release the appellant on bail. Therefore, it is prayed that the benefit of bail may be granted to the accusedappellant.

¶18

Learned Public Prosecutor has vehemently opposed the prayer for bail.

¶19

However, learned counsel for the complainant does not dispute the fact of compromise.

¶20

Having regard to the entirety of facts and circumstances as available on record and upon a consideration of the arguments advanced at the bar, this Court is of the opinion that the order rejecting the application for bail filed on behalf of the appellant, cannot be sustained and deserves to be set aside.

¶21

[CRLAS-124/2024]

¶22

Consequently, the instant appeal is allowed. The impugned order dated 08.01.2024 passed by the learned Special Judge, Scheduled Caste / Scheduled Tribe (Prevention of Atrocities) Cases, Hanumangarh is set aside. It is ordered that the accused-appellant, Yogesh S/o Kuldeep, arrested in connection with FIR No.84/2023, Police Station Bhirani, District Hanumangarh , shall be released on bail; provided he furnishes a 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 upon to do so.

¶23

(MADAN GOPAL VYAS),J

¶24

349-Bharti/-

Yogesh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Yogesh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhanwara Ram Vs Satyanarayan

State of Rajasthan and Ors. Vs M/S Vishwa Karma Laghu Udyog

Soni Devi Vs Assistant Engineer J.V.V.N. Ltd.

Kailash Vs State of Rajasthan

Vishnudas Vs State of Rajasthan

Sahil Vs State of Rajasthan