Allowed

Vishnu Son of Mukesh v. State of Rajasthan

Rajasthan HC18 Sept 2024CRLAS/2154/2024

Case brief

AI extract

What is this about?

The High Court enlarged the appellant on bail. Finding that the lower court complied with reporting requirements, the Court quashed the impugned order and allowed the appeal, directing release on personal bond with sureties.

What did the court decide?

The order of the Special Judge dated 14.08.2024 was quashed; appellant released on bail with personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each.

Vishnu Son of Mukesh Vs State of… — Constitutional and Fundamental Rights | Rajasthan HC (2024)

¶1

[2024:RJ-JP:39323]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Appeal (Sb) No. 2154/2024

¶4

Vishnu Son Of Mukesh, Resident Of Khubchand Ka Pura, Biloni, Police Station Kanchanpur District Dholpur (At Present Confined In District Jail Dholpur)

¶5

----Appellant

¶6

Versus

¶7

State Of Rajasthan, Through P.p

¶8

Abhishek Son Of Late Shri Anoop Kumar, Resident Of Rao Sahab Ka Bada, Police Station Nihalganj, District Dholpur (Raj)

¶9

----Respondents

¶10

For Appellant(s) : Mr. Dushyant Jain, Adv., with Mr. Udit Sapra, Adv. For : Mr. Devi Singh, P.P. Respondent(s)

¶11

HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 18/09/2024

¶12

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.

¶13

The present criminal appeal under Section 14-A of the Act of 1989 has been filed in connection with FIR No.391/2023 registered at Police Station Saipau, District Dholpur for the offence under Section(s) 143,

[2024:RJ-JP:39323]

(2 of 3)

[CRLAS-2154/2024]

323, 341, 307, 395, 427 & 452 of IPC and under Section(s) 3-1(s) & 3-2(va) of the Act of 1989.

¶18

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 the accused-appellant has been in judicial custody since 05.01.2024 and the conclusion of the trial will take long time, hence prays for his release on bail.

¶19

Learned Public Prosecutor has opposed the appeal.

¶20

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.

¶21

The order dated 14.08.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Dholpur (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused appellant Vishnu S/o Mukesh 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 two sureties in the sum of Rs.50,000/- (Rupees Fifty

¶22

[2024:RJ-JP:39323] (3 of 3) [CRLAS-2154/2024]

¶23

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/480(3) of BNSS.

¶24

(UMA SHANKER VYAS),J

¶25

DANISH USMANI /38

Vishnu Son of Mukesh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vishnu Son of Mukesh 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

Lakhan Sain S/O Shri Kaluram Sain Vs State of Rajasthan

Rajveer Gurjar S/O Raajpaal Gurjar Vs State of Rajasthan

Kuldeep Singh S/O Shri Rampal Singh Vs State of Rajasthan

Deen Mohammad @ Kala S/O Hameed Vs State of Rajasthan

M/S Raj Consultancy Organisati Vs Virendra Nath Bhargava

Sita W/O Late Shri Mahaveer Vs Bhanwarsingh Hada S/O Shri Balraj Singh Hada