Allowed

Riyaj Khan @ Rajjak Khan v. State of Rajasthan

Rajasthan HC26 Feb 2024CRLAS/170/2024

Case brief

AI extract

What is this about?

The Single Bench Criminal Appeal allowed the appeal, set aside the Special Court's order rejecting bail, and directed the release of the appellant on personal and surety bonds in a case involving offences under the SC/ST Act and IPC.

What did the court decide?

The accused-appellant Riyaj Khan released on bail by furnishing a personal bond of Rs. 1,00,000 and two surety bonds of Rs. 50,000 each.

Riyaj Khan @ Rajjak Khan Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal (Sb) No. 170/2024

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Riyaj Khan @ Rajjak Khan S/o Mule Kha, Aged About 38 Years, R/o Dhani 14 Bld, Ps Dantor, Dist. Bikaner (Raj.) (At Present Lodged In Central Jail, Bikaner)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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Balram S/o Shri Kalu, R/o 2 C Choti , Matali Ruthan, Dist. Shri Ganganagar (Raj.)

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----Respondents

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For Appellant(s) : Mr. Jogendra Singh For Respondent(s) : Mr. SK Bhati, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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26/02/2024

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The instant appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act, on behalf of the appellant, who is in custody in connection with FIR No. 49/2023, Police Station Dantor, District Bikaner, for the offence under Sections 323, 341, 365, 382,34 IPC and Section 3 (2) (v) SC and ST (Prevention of Atrocities) Act against the order dated 05.01.2024 passed by the learned Special Court SC & ST (Prevention of Atrocities) Cases and Addl. District and Sessions Judge, Bikaner whereby, the bail application preferred under Section 439 Cr.P.C. on behalf of the appellant was rejected.

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Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. The accusedappellant is in judicial custody since long and the trial of the case will

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[CRLAS-170/2024]

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(2 of 2)

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take time. Therefore, it is prayed that the accused-appellant may be enlarged on bail.

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Learned Public Prosecutor has vehemently opposed the prayer for bail made by the learned counsel for the appellant.

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Having regard to the 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.

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Consequently, the instant appeal is allowed. The impugned order dated 05.01.2024 passed by the learned Special Court, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases and Addl. District and Sessions Judge, Bikaner, is set aside. It is ordered that the accused-appellant Riyaj Khan @ Rajjak Khan S/o Mule Kha, arrested in connection with FIR No. 49/2023 Police Station Dantor, District Bikaner, 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.

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(MADAN GOPAL VYAS),J

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ns. 230-/-

Riyaj Khan @ Rajjak Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Riyaj Khan @ Rajjak Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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