Allowed

Anooj S/O Samandar v. State of Rajasthan

Rajasthan HC2 May 2024CRLAS/313/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the special criminal appeal challenging an FIR and the related conviction. The court quashed the impugned order dated 01.02.2024 and enlarged the appellant on bail, directing the prosecution to comply with Section 15-A(3) of the SC/ST Act.

What did the court decide?

The order dated 01.02.2024 was quashed; the appellant was enlarged on bail by personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each.

Anooj S/O Samandar Vs State of Rajasthan — Caste Atrocities | Rajasthan HC (2024)

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[2024:RJ-JP:20658]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Appeal (Sb) No. 313/2024

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Anooj S/o Samandar, Aged About 21 Years, R/o Soopa Police Station Rudawal District Bharatpur At Present Neemdagate, Police Station Atalband, Bharatpur (Raj) (At Present Confined In Central Jail Sewar District Bharatpur)

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----Appellant

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Versus

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State Of Rajasthan, Through The PP

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Yogesh S/o Moolchand, R/o Anah Gate Bajariya Police Station Atalband Bharaptur (Raj)

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----Respondents For Appellant(s) : Mr. Rahul Sinsinwar, Adv. For : Mr. Babu Lal Nasuna, P.P. Respondent(s)

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

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02/05/2024

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Learned Public Prosecutor has apprised this Court that compliance of Section 15-A (3) of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act of 1989”) has been made in the present case.

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The present criminal appeal under Section 14-A of the Act of 1989 has been filed in connection with FIR No.191/2023 registered at Police Station

[2024:RJ-JP:20658]

(2 of 3)

[CRLAS-313/2024]

Atalband, District Bharatpur for the offence under Section(s) 143, 384, 504, 506, of IPC and under Section(s) 3(1)(R)(S) & 3(2)(VA) of the Act of 1989.

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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 long and the conclusion of the trial will take long time, hence prays for his release on bail.

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Learned Public Prosecutor has opposed the appeal.

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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.

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The order dated 01.02.2024 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Bharatpur (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused-appellant Anooj S/o Samandar 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

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[2024:RJ-JP:20658] (3 of 3) [CRLAS-313/2024]

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two sureties in the sum of Rs.50,000/- (Rupees Fifty 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.

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(UMA SHANKER VYAS),J

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YOGESH KUMAR /15

Anooj S/O Samandar v. State of Rajasthan

Case brief

What is this about?

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Anooj S/O Samandar v. State of Rajasthan

Case brief

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