Allowed

Iqbal Son of Shri Sahabdeen v. State of Rajasthan

Rajasthan HC18 Sept 2024CRLAS/1445/2024

Case brief

AI extract

What is this about?

Appeal under Section 14(2) of the SC/ST (Prevention of Atrocities) Act for bail in FIR No.114/2024 involving Sections 397, 457, 307 IPC and SC/ST Act provisions. Court noted both injuries were simple in nature and trial would take time; allowed the appeal and released the appellant on bail.

What did the court decide?

Accused-appellant Iqbal to be released on bail on personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each; impugned order dated 05.07.2024 set aside.

Iqbal Son of Shri Sahabdeen Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:39408]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal No. 1445/2024

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Iqbal Son of Shri Sahabdeen, Aged About 35 Years, Resident of Jatiyana, Police Station Vijaymandir, District Alwar (Raj) (Presently The Accused Petitioner Is In Central Jail Alwar District Alwar)

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----Appellant

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Versus

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State Of Rajasthan, Through The PP

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Victim W/o Arjun R/o Jatiyana, Police Station Vijaymandir, District Alwar (Raj.)

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----Respondents

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For Appellant(s) : Mr. Manish Gupta, Adv. For Respondent(s) : Mr. Vijay Singh Yadav, Additional Govt. Adv. with Mr. Manvendra Singh, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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18/09/2024

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This appeal has been filed under Section 14(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 by the accused-appellant in connection with FIR No.114/2024 registered at Police Station Vijaymandir, District Alwar for the offences under Sections 397, 457 & 307 of Indian Penal Code, 1860 read with Section 3(2)(VA), 3(1)(R) & 3(1)(S) of SC/ST Act, 1989.

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Learned counsel for the accused-appellant submits that the appellant has been falsely implicated in this matter. Learned counsel also submits that investigation has been completed, charge-sheet has been filed and trial will take long time to conclude. Accused-appellant was arrested on 15.06.2024 and since then, he is behind the bar. Learned counsel further argues that the injury report shows that two injuries were found on the body of the injured-Surji Devi and after X-ray

[2024:RJ-JP:39408]

[CRLAS-1445/2024]

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report both the injuries have been found to be simple in nature. Learned counsel prays that the accused-appellant be enlarged on bail.

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On the other hand, learned public prosecutor has vehemently opposed the bail application and submitted that the complainant/victim has been duly informed but no one has put appearance on her behalf. 4. Heard learned counsel for the accused-petitioner and learned public prosecutor and perused the material available on record. 5. Having regard to the facts and circumstances of the case and considering the arguments advanced at the bar and also considering the fact that the injuries, which have been caused to the injured, have been found simple in nature, trial will take time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the present appeal of the accused-appellant. 6. Consequently, the appeal is allowed. The impugned order dated 05.07.2024 passed by learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases) Act, Alwar is set aside. It is ordered that the accused–appellant namely Iqbal S/o Shri Sahabdeen arrested in connection with FIR No. 114/2024 registered at Police Station Vijaymandir, District Alwar shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court. Accusedappellant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR),J

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Mohita/265

Iqbal Son of Shri Sahabdeen v. State of Rajasthan

Case brief

What is this about?

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Iqbal Son of Shri Sahabdeen v. State of Rajasthan

Case brief

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