Allowed

Indrajeet v. State of Rajasthan

Rajasthan HC10 Jul 2024CRLAS/778/2024

Case brief

AI extract

What is this about?

Special Criminal Appeal filed to enlarge bail under Section 14A of the SC/ST (POA) Amendment Act 2015, challenging rejection of bail applied to appellants in custody. Court allowed appeal, quashed previous order, and directed release on bail with specific conditions including bond and bank details. Dismissed state counter-arguments.

What did the court decide?

Appellants released on bail pending trial by furnishing personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each along with bank account details.

Indrajeet Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:28131]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 778/2024

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Indrajeet S/o Madan Lal, Aged About 25 Years, R/o Khalso Ka Was, Siwana, P.S. Siwana, District Balotra. (At Present Lodged In Sub Jail, Balotra)

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Moda Ram S/o Dhana Ram, Aged About 28 Years, R/o Goliya Bhaylan, P.S. Siwana, District Balotra. (At Present Lodged In Sub Jail, Balotra)

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----Appellants

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Versus

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State Of Rajasthan through PP 2. Prabhu Ram S/o Punma Ram, R/o Laliya, P.S. Samdari, District Balotra.

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----Respondents

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For Appellant(s)	:	Ms. Saeena Bano
		Mr. Sampat Prajapat
For Respondent(s)	:	Mr. Laxman Solanki, PP
		Mr. Mohan Lal for complainant

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HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

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Order

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10/07/2024

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Instant Criminal appeal has been preferred to enlarge the appellant on bail under Section 14A of the SC/ST (Prevention of Atrocities) Amendment act 2015 and being aggrieved of the order dated 06.05.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Balotra, (Additional District & Sessions Judge, Balotra) in Criminal Misc. Case No.179/2024 rejecting the bail application preferred on behalf of the appellants who are in custody in connection with FIR No.66/2024, Police Station Samdari, District Balotra, for offences under Sections 341,

[2024:RJ-JD:28131]

[CRLAS-778/2024]

(2 of 3)

323, 325, 307/34, 120-B of IPC and Sections 3 (2) (v), 3 (2) (va) of the SC/ST (Prevention of Atrocities) Act.

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Learned Public Prosecutor filed a report of service of notice issued to the private respondent. Service is complete. 3. I have given my thoughtful consideration to the arguments advanced by learned counsel for the parties and have perused the record carefully. 4. Having regard to the facts of the case and taking into account totality of circumstances, in my considered opinion, the submissions made by learned counsel for the appellants cannot be completely overlooked. In the present case it is prima facie seen that injured Prabhuram has received four injuries, out of which one is grievous on tibia and fibulae bone. No opinion of Medical Jurist is available on record as to dangerousness of injury caused to Prabhuram besides the fact that injuries are not on the vital part of the body. The specific allegation of causing injury was attributed to the co-accused Heeraram and Narayanram. The charge-sheet has already been filed. That the trial is likely to take its own considerable time and no useful purpose would be served by keeping them in detention for an indefinite period. In that view of the matter, this Court is of the opinion that the appellants deserve indulgence of bail and thus, the order rejecting the application for bail filed on behalf of the appellants cannot be sustained.

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Consequently, the appeal is allowed. The order dated 06.05.2024 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Balotra, (Additional District & Sessions Judge, Balotra) in Criminal Misc. Case No.179/2024 is set aside

[2024:RJ-JD:28131]

[CRLAS-778/2024]

(3 of 3)

and it is ordered that the accused-appellants 1. Indrajeet S/o Madan Lal and 2. Moda Ram S/o Dhana Ram arrested in connection with FIR No.66/2024, Police Station Samdari, District Balotra shall be released on bail during pendency of the trial; provided each of them furnish 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 and if not required by Jail Authorities in any other case. This order is subject to the condition that accused, within 7 days of their release and sureties, on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.

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With the abovesaid directions, the Criminal Appeal is disposed of.

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(RAJENDRA PRAKASH SONI),J

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117-suraj/-

Indrajeet v. State of Rajasthan

Case brief

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Indrajeet v. State of Rajasthan

Case brief

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